Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Exclusive possession/use

Legal area

Court

18 Sept 2015

聯基新樓業主立案法團 v. YAN YAN MOTORS LTD

Citation

聯基新樓業主立案法團 v. YAN YAN MOTORS LTD
Court

Court of First Instance
Case number

HCSA12/2015

On true construction the DMC granted only limited rights to the developer to erect and display materials on the external walls and did not confer exclusive possession or exclusive right to use/occupation/enjoyment of the external walls for the purpose of s34H BMO; accordingly the developer is not solely liable and the Deputy Adjudicator's awards in favour of the claimant stand.
28 Jul 2009

THE INCORPORATED OWNERS OF HONG LEONG INDUSTRIAL COMPLEX AND ANOTHER v. HL RESOURCES LTD AND ANOTHER

Citation

THE INCORPORATED OWNERS OF HONG LEONG INDUSTRIAL COMPLEX AND ANOTHER v. HL RESOURCES LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA2572/2005

The waterproofing layer/system is an installation and fixture intended for the use and benefit of all owners and therefore a common part under section 2 and Schedule 1 of the Building Management Ordinance; consequently the manager was entitled to apply management fund for its repair and the plaintiffs' claims for recovery fail. Clause (j) did not grant the developer an exclusive right to the external wall for s34H to apply, so the 1st defendant was not statutorily liable for those expenses.