5 Feb 2025
CHEUK KIM FUNG 對 寶石戲院大厦業主立案法團
- Citation
- [2025] HKLdT 4
- Court
- Lands Tribunal
- Case number
- LDBM37/2023
Applicant proved on balance that A402 suffered persistent leakage from March 2021 and that the primary source was the defective external lightwell wall (a common part). The Incorporated Owners, having been notified and having received government reports, failed to take appropriate and timely steps to investigate and remedy the defect; therefore they breached their statutory duty under BMO s.18(1)(a) and are liable. A mandatory repair order and awards for reasonable repair costs and limited rental loss are appropriate.