Hong Kong Case Law: Decisions & Judgments

Topic

Duty of incorporated owners

Legal area

Court

7 Jan 2026

黃嘉謀 v. 油塘工業大廈第三座業主立案法團

Citation

[2026] HKDC 44
Court

District Court
Case number

DCCJ4931/2021

On the balance of probabilities the single joint expert established that seepage originated from an illegal small fresh water tank and defective waterproofing beneath the plaintiff's private main roof (and earlier from FSS tank), the IO was aware of complaints from 2015 and failed to take reasonable and timely remedial steps, thereby breaching s18(1) BMO and common law nuisance; plaintiff entitled to damages and a mandatory injunction to compel repairs.
4 Feb 2014

LEUNG WING YIU v. NG KWOK WAH AND ANOTHER

Citation

LEUNG WING YIU v. NG KWOK WAH AND ANOTHER
Court

District Court
Case number

DCCJ4418/2011

The plaintiff failed to discharge the burden of proving that the seepage into Flat 7B originated from Flat 8B; the court rejected the plaintiff's expert opinion as insufficiently substantiated and accepted the defendants' expert that rainwater ingress from the external wall/light well was the probable source; accordingly the plaintiff's claim is dismissed and costs are awarded to the defendants.
24 Aug 2007

SUN WEN HSIUNG AND OTHERS v. THE INCORPORATED OWNERS OF GALLANT GARDEN MANSION

Citation

SUN WEN HSIUNG AND OTHERS v. THE INCORPORATED OWNERS OF GALLANT GARDEN MANSION
Court

District Court
Case number

DCCJ1141/2006

Summary judgment refused because material factual disputes exist as to obstruction, acquiescence/estoppel/waiver, the Defendant's duties under the BMO and whether removal is the only reasonable remedy; those issues require a full trial, so the interlocutory O.14 application cannot be disposed of summarily.

Hong Kong Case Law

黃嘉謀 v. 油塘工業大廈第三座業主立案法團

LEUNG WING YIU v. NG KWOK WAH AND ANOTHER

SUN WEN HSIUNG AND OTHERS v. THE INCORPORATED OWNERS OF GALLANT GARDEN MANSION