Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Duty to maintain

Legal area

Court

28 Oct 2004

KUNG SHING INVESTMENT LTD v. THE SUNBEAM MANUFACTURING CO LTD AND ANOTHER

Citation

KUNG SHING INVESTMENT LTD v. THE SUNBEAM MANUFACTURING CO LTD AND ANOTHER
Court

District Court
Case number

DCCJ4093/2002

The waterproofing layer forming part of the roof is a common part of the building and therefore the proper defendant for failure to maintain is the Incorporated Owners; the Plaintiff should not have sued the 1st Defendant and the costs orders made in the order nisi are appropriate.
8 Jun 2000

WONG LAI KAI v. WU CHAN CHOI AND OTHERS

Citation

WONG LAI KAI v. WU CHAN CHOI AND OTHERS
Court

Court of Appeal
Case number

CACV195/1999

Plaintiff failed to prove on the evidence that the awning was attached to parts of the external wall that were not specified or designated in any registered instrument as for exclusive use; absent proof the awning was part of the common parts, liability under the Building Management Ordinance did not attach to the incorporated owners. The tenant (5th Defendant) had the exclusive use/benefit and therefore the duty to maintain under s.34H, so 6th Defendant not liable; appeal dismissed.