Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Co-owner rights

Legal area

Court

2 Feb 2024

WONG WAI YING ANITA AND OTHERS v. SO KWAI CHUNG AND ANOTHER

Citation

[2024] HKCA 140
Court

Court of Appeal
Case number

CACV498/2022

The Court upheld the trial judge: proprietary estoppel was established against Wong Ming Kwong because he made an assurance on which the plaintiffs relied to their detriment and used the access for over ten years; the grant of a right of way by a tenant-in-common can bind the other co-owner where it does not interfere with that co-owner’s possession; the trial judge’s factual findings were not plainly wrong; accordingly the declaration of an easement and permanent injunction were justified and the appeals were dismissed.
21 Mar 2018

383HK LTD v. THE INCORPORATED OWNERS OF TAK BO BUILDING

Citation

[2018] HKCA 164
Court

Court of Appeal
Case number

CACV99/2017

Clause 3(c) of the DMC does not grant an individual coowner a right to install connecting water or drainage pipes over the common parts; such connections, if to be provided, fall within the management and decision-making authority of the incorporated owners/management committee and are subject to the Building Management Ordinance (s34I). No implication of a right to installation or of a reasonableness constraint on refusal arises where the DMC does not provide for the right; alternatively, even if a reasonableness standard applied, the plaintiff failed to prove the defendant unreasonably with…