20 Nov 2019
LAM SUK YEE AND ANOTHER v. THE INCORPORATED OWNERS OF KAM KIN MANSION
- Citation
- [2019] HKCA 1289
- Court
- Court of Appeal
- Case number
- CACV24/2019
The IO did not breach its duty: the applicable standard was one of reasonable management having regard to the DMC, the design, construction and intended semi-open use of the driveway and covered playground; some minor seepage was foreseeable and permissible for a semi-open playground and the plaintiffs failed to prove the IO's breach or causation of damage. The conversion into sealed domestic units was unlawful and breached clause 22(i) of the DMC; that unlawful conversion contributed to the damage and justified the IO's counterclaim and the mandatory injunction to remove unauthorised works.…