Hong Kong Case Law: Decisions & Judgments

Topic

Deed of mutual covenants (dmc)

Legal area

Court

12 Feb 2025

TOLLEMACHE COMPANY LTD AND OTHERS v. RAYMOND LUN KWOK PAO also known as PAO LUN KWOK RAYMOND

Citation

[2025] HKDC 155
Court

District Court
Case number

DCCJ1322/2022

The application for leave to appeal is dismissed because the Plaintiffs failed to show any palpable error in the trial judge's primary factual findings or legal analysis; the judge reasonably concluded the Defendant did not ‘permit’ the leakage, the drainage system (drain holes and drainpipes) are common facilities for which the estate manager is responsible, the proposed precautionary measures were unproven or disproportionate, and therefore none of the proposed grounds has a reasonable prospect of success under s63A DCO.
15 Jun 2004

THE INCORPORATED OWNERS OF GREENLAND VILLAS v. WONG SUI FUNG AND ANOTHER

Citation

THE INCORPORATED OWNERS OF GREENLAND VILLAS v. WONG SUI FUNG AND ANOTHER
Court

Lands Tribunal
Case number

LDBM321/2000

While an owners incorporation has statutory duties to enforce the DMC and must take reasonable and necessary steps, it is not under an absolute duty to commence or be compelled to conduct litigation in every dispute; where the minority is not oppressed, alternative remedies exist and damages for breach of statutory duty are inappropriate; therefore, on the facts the Respondents' counter‑claim for mandatory relief and damages is dismissed and the Applicant succeeds on the main claim, with costs to Applicant despite the Tribunal finding that the corporation technically failed to take certain in…

Hong Kong Case Law

TOLLEMACHE COMPANY LTD AND OTHERS v. RAYMOND LUN KWOK PAO also known as PAO LUN KWOK RAYMOND

THE INCORPORATED OWNERS OF GREENLAND VILLAS v. WONG SUI FUNG AND ANOTHER