Hong Kong Case Law: Decisions & Judgments

Topic

Building regulations compliance

Legal area

Court

7 Jan 2021

YVONNE NG v. ROYAL HONG KONG YACHT CLUB

Citation

[2021] HKCFI 31
Court

Court of First Instance
Case number

HCPI1100/2016

On the facts the Defendant was not in breach: the staircase met statutory dimensional requirements, photographs and evidence established adequate lighting and maintenance, the Plaintiff's credibility was undermined by exaggeration of injuries and business losses and she admitted she could see the steps at the time of the fall; the most probable cause was the Plaintiff misstepping rather than any defect or inadequate lighting. If liability were found, substantial contributory negligence (at least 75%) would apply.
21 Jan 2005

MAN HING HONG LAND INVESTMENT CO LTD v. CENTRAL F&B MANAGEMENT CO LTD

Citation

MAN HING HONG LAND INVESTMENT CO LTD v. CENTRAL F&B MANAGEMENT CO LTD
Court

District Court
Case number

DCCJ3683/2004

The earlier mandatory injunction to remove the Defendant's air‑conditioning system was discharged because the Fire Services Department/FEH raised no objection, a site inspection found only a rectifiable sprinkler defect and the Defendant undertook to remedy it, so there was no present fire risk to justify mandatory pre‑trial removal; however, a fresh interlocutory injunction was granted restraining the Defendant from causing further water leakage because evidence showed a serious question to be tried and a risk of irreparable structural damage; the Plaintiff's application for mandatory reinst…
11 Apr 2000

MEXON HOLDINGS LTD. v. SILVER BAY INTERNATIONAL LTD.

Citation

MEXON HOLDINGS LTD. v. SILVER BAY INTERNATIONAL LTD.
Court

Court of Final Appeal
Case number

FACV16/1999

The vendor had shown a good title on the face of the delivered documents; the purchaser's requisition was raised out of time under clause 13 and was therefore waived; the alleged contravention of Regulation 41(1)/the Code was peripheral and did not go to the root of title such that equity should relieve the purchaser; appeal dismissed.
19 Dec 1985

TAO YUN COMPANY LIMITED v. WOO HAI LING JIMMY

Citation

TAO YUN COMPANY LIMITED v. WOO HAI LING JIMMY
Court

Court of First Instance
Case number

HCA6531/1984

The court found no repudiatory breach by the vendor: the alleged building regulation breaches and alterations (including conversion of shop/common areas to a restaurant and minor toilet alterations) were either not breaches or were insubstantial/technical and within the vendor's reserved rights; physical access from Stanley Street existed; the Agreement and Deed of Mutual Covenant reserved vendor rights over common parts so purchaser's access was not substantially impaired; mortgagees had no real prospect of refusing reassignment. Defendant was therefore in breach for failing to complete; pla…
19 Dec 1985

TAO YUN COMPANY LIMITED v. WOO HAI LING JIMMY

Citation

TAO YUN COMPANY LIMITED v. WOO HAI LING JIMMY
Court

Court of First Instance
Case number

HCA6530/1984

Court found no repudiatory breach by Plaintiff: alleged breaches of Building Planning Regulation 41 and Code were either not proven or minor/technical; post‑occupation‑permit alterations (toilets, conversion of shops to restaurant) were minor and permitted by clause 21 and approved amendments and did not deprive Defendant of contractual rights; Deed of Mutual Covenant reserved vendor rights over common parts so no wrongful appropriation prevented assignment; Plaintiff was in a position to assign; Defendant repudiated by refusing to complete; Plaintiff entitled to common law damages assessed a…

Hong Kong Case Law

YVONNE NG v. ROYAL HONG KONG YACHT CLUB

MAN HING HONG LAND INVESTMENT CO LTD v. CENTRAL F&B MANAGEMENT CO LTD

MEXON HOLDINGS LTD. v. SILVER BAY INTERNATIONAL LTD.

TAO YUN COMPANY LIMITED v. WOO HAI LING JIMMY

TAO YUN COMPANY LIMITED v. WOO HAI LING JIMMY