Hong Kong Case Law: Decisions & Judgments

Topic

Interpretation of deed of mutual covenants

Legal area

Court

11 Mar 2025

THE INCORPORATED OWNERS OF BALWIN COURT v. WONG YUM KWAN

Citation

[2025] HKCFI 1078
Court

Court of First Instance
Case number

HCSA74/2024

Construing the DMC as a whole, clauses 4(f)(2)-(4) and the Third Schedule specifically exclude carpark owners from paying security deposits and monthly management fees; where specific provisions govern the subject matter they prevail over the general apportionment clause 4(f)(1); therefore the proposed appeal has no reasonable prospect of success and leave to appeal is dismissed.
11 Mar 2025

THE INCORPORATED OWNERS OF BALWIN COURT v. FONG SHIU CHUNG

Citation

[2025] HKCFI 1078
Court

Court of First Instance
Case number

HCSA73/2024

The DMC must be construed holistically: clauses 4(f)(2)–(4) and the Third Schedule specifically exclude carpark owners from paying security deposits and monthly contributions (they are recorded as zero), and clause 4(f)(4) confines further contributions to those who pay monthly sums; accordingly carpark owners are not liable for management fees and the claimant’s appeal is unarguable and without reasonable prospect of success, so leave to appeal is dismissed.
3 Mar 2023

CHONG CHI TING CHRIS v. THE INCORPORATED OWNERS OF KIN ON BUILDING AND OTHERS

Citation

[2023] HKDC 325
Court

District Court
Case number

DCMP3617/2021

The Deed of Mutual Covenants designated the main roof as common part and the First Assignment was executed subject to the DMC; accordingly the Developer's purported reservation of an exclusive right over the Part Main Roof was inconsistent with the DMC and ineffective; all subsequent purported assignments of that exclusive right are null and void for lack of title; the Plaintiff is entitled to declarations, enforceable covenants for title against predecessors, an order for confirmatory assignments to rectify title, nomination of specified persons to execute such documents if necessary, and re…
15 Dec 2003

THE INCORPORATED OWNERS OF TSUEN WAN GARDEN v. PRIME LIGHT LTD

Citation

THE INCORPORATED OWNERS OF TSUEN WAN GARDEN v. PRIME LIGHT LTD
Court

Lands Tribunal
Case number

LDBM85/2003

The meetings of an owners incorporation are governed by the Building Management Ordinance Third Schedule; majority must be established by more than half of the appropriate body (in this case votes cast) rather than by mere plurality; because Plan No.3 did not obtain more than half of the votes cast and no consequential poll was taken, the resolution adopting Plan No.3 was not validly passed.
18 Sept 2000

South China Amusement Co. Ltd. v. The Incorporated Owners of Sun Hing Building

Citation

South China Amusement Co. Ltd. v. The Incorporated Owners of Sun Hing Building
Court

Lands Tribunal
Case number

LDBM106/2000

The proviso in clause 9 (all seven sub-clauses) is confined to exemptions for routine, day-to-day management expenses and does not exempt the applicant from contributing to the renovation works approved by the owners' meeting on 26 October 1999; "service" in sub-clause (vii) is limited to day-to-day management services; parts of the external wall reserved to the developer became common parts after the developer's liquidation and the applicant shares liability for renovation works.
3 Apr 1987

LEE YUEN YAU v. FAIRVIEW PARK PRORERTY MANAGEMENT LIMITED

Citation

LEE YUEN YAU v. FAIRVIEW PARK PRORERTY MANAGEMENT LIMITED
Court

Court of First Instance
Case number

HCSA4/1987

Legal fees incurred by the management company are not recoverable as damages under paragraph 1(k) of the Third Schedule to the Deed of Mutual Covenants; consequently the collection charge and Small Claims costs that depended on that award could not stand and the Adjudicator's award was set aside.

Hong Kong Case Law

THE INCORPORATED OWNERS OF BALWIN COURT v. WONG YUM KWAN

THE INCORPORATED OWNERS OF BALWIN COURT v. FONG SHIU CHUNG

CHONG CHI TING CHRIS v. THE INCORPORATED OWNERS OF KIN ON BUILDING AND OTHERS

THE INCORPORATED OWNERS OF TSUEN WAN GARDEN v. PRIME LIGHT LTD

South China Amusement Co. Ltd. v. The Incorporated Owners of Sun Hing Building

LEE YUEN YAU v. FAIRVIEW PARK PRORERTY MANAGEMENT LIMITED