Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Common area management

Legal area

Court

29 Sept 2017

LAM YIN MAN formerly known as LAM CHIU CHI v. THE INCORPORATED OWNERS OF KWUN TONG INDUSTRIAL CENTRE

Citation

LAM YIN MAN formerly known as LAM CHIU CHI v. THE INCORPORATED OWNERS OF KWUN TONG INDUSTRIAL CENTRE
Court

District Court
Case number

DCCJ3714/2014

Leave to appeal refused because the appeal lacked a reasonable prospect of success and there was no other reason in the interests of justice: the defendant's Consent Summons admitting the Common Area formed part of the common area rendered the claimed injunction redundant and hypothetical; accordingly the application was dismissed and costs of the application were awarded to the defendant.
18 Oct 2011

KAI HING METAL PRODUCTS FACTORY CO LTD v. THE INCORPORATED OWNERS OF SUNDERLAND ESTATE AND ANOTHER

Citation

KAI HING METAL PRODUCTS FACTORY CO LTD v. THE INCORPORATED OWNERS OF SUNDERLAND ESTATE AND ANOTHER
Court

Lands Tribunal
Case number

LDBM339/2010

The Applicant was denied equitable relief because it had unclean hands—longstanding double‑parking and more recently obstructive triple‑parking used as leverage in disputes—thus the Tribunal refused declarations and injunctions except ordering removal of the Railing because it affected common area and the Applicant should have been consulted before its right to use that area was affected.