Hong Kong Case Law: Decisions & Judgments

Topic

Illegal building works

Legal area

Court

16 Aug 2012

WING HONG INVESTMENT CO LTD v. FUNG SOK HAN AND OTHERS

Citation

WING HONG INVESTMENT CO LTD v. FUNG SOK HAN AND OTHERS
Court

Court of First Instance
Case number

HCA2075/2009

The court ordered specific discovery of the tenancies because they are relevant to the defendants' restitutionary counterclaim for rental income and ordered discovery limited to approvals from the Building Authority (rather than all correspondence) because such approvals are sufficient to determine whether the works were lawful; the plaintiff was ordered to pay 75% of the costs of the application.
5 Oct 1979

CHEUNG YUET AND ANOTHER v. THE INCORPORATED OWNERS OF ORIENTAL GARDENS

Citation

CHEUNG YUET AND ANOTHER v. THE INCORPORATED OWNERS OF ORIENTAL GARDENS
Court

Court of Appeal
Case number

CACV6/1979

Where a management body has, by repeated tolerance of substantial like breaches (including enclosed room extensions), created an expectation that such extensions will be tolerated, it is inequitable to grant a mandatory injunction to remove similar facade extensions; alleged illegality under the Buildings Ordinance does not by itself preclude an equitable defence of acquiescence when the defendant does not rely on the illegality.
5 Feb 1979

SZE CHIU AND ANOTHER v. WONG WANG-YEE AND ANOTHER

Citation

SZE CHIU AND ANOTHER v. WONG WANG-YEE AND ANOTHER
Court

Court of Appeal
Case number

CACV25/1978

The appeal was allowed and possession ordered because the reserved rent ($10/month) although monetary was never paid; Part II protection requires a tenancy subject to pecuniary rent in practice and non‑payment of rent removes the protection under section 53, permitting an order for possession.

Hong Kong Case Law

WING HONG INVESTMENT CO LTD v. FUNG SOK HAN AND OTHERS

CHEUNG YUET AND ANOTHER v. THE INCORPORATED OWNERS OF ORIENTAL GARDENS

SZE CHIU AND ANOTHER v. WONG WANG-YEE AND ANOTHER