26 Oct 2007
LEUNG TSANG HUNG AND ANOTHER v. THE INCORPORATED OWNERS OF KWOK WING HOUSE
- Citation
- LEUNG TSANG HUNG AND ANOTHER v. THE INCORPORATED OWNERS OF KWOK WING HOUSE
- Court
- Court of Final Appeal
- Case number
- FACV4/2007
An owners' incorporation created under the Building Management Ordinance may be liable in public nuisance for an actionable omission where, by virtue of its statutory attributes, powers and duties it exercises sufficient control over common parts, knew or ought to have known of a nuisance hazard attached to those common parts, had the means to inspect and abate it, and failed to discharge the non-delegable duty to prevent foreseeable harm; liability in such cases requires knowledge or presumed knowledge and is not strict.