Hong Kong Case Law: Decisions & Judgments

Topic

Interpretation of deed of mutual covenant (dmc)

Legal area

Court

28 Sept 2023

宏德居業主立案法團 v. 人人汽車有限公司 AND ANOTHER

Citation

[2023] HKLdT 61
Court

Lands Tribunal
Case number

LDBM167/2019

Paragraph 58(2) stands: lift maintenance and repair expenses are attributable to Category 6(a) (all owners) because evidence established actual use by non-residential owners including car park users so the expenses are not solely for residential owners; the deeming effect of DMC definitions can be overridden by actual nature and utility; paragraph 58(2) was not a clerical error and the review must be dismissed.
17 Mar 2022

THE INCORPORATED OWNERS OF HUNG WAI BUILDING v. SUNNY ELEGANT LTD AND OTHER

Citation

[2022] HKCA 426
Court

Court of Appeal
Case number

CACV261/2021

The Lands Tribunal has jurisdiction to determine the applicant's claims concerning common parts under the DMC and BMO; section 45(3) BMO restricts the Tribunal only where both parties rely on contractual or proprietary rights arising from instruments registered in the Land Registry, and does not preclude the Tribunal from deciding disputes where a defendant relies on proprietary estoppel or other rights extraneous to registered instruments; accordingly there was no proper basis to transfer the proceedings to the High Court under section 8A LTO.
27 Mar 2004

THE INCORPORATED OWNERS OF HIP WO HOUSE v. DAILY TREND LTD AND OTHERS

Citation

THE INCORPORATED OWNERS OF HIP WO HOUSE v. DAILY TREND LTD AND OTHERS
Court

Lands Tribunal
Case number

LDBM95/2003

Clause 10 of the DMC is valid and governs the specified structural and main wall repair items (including walls forming light wells); external repainting was repair not improvement; the Applicant's apportionment between Clause 8 and Clause 10 was reasonable on the evidence and is accepted; remedial work for defects may be apportioned under the Building Management Ordinance where the DMC is silent; judgment entered for Applicant with interest and costs, except as to the 12th Respondent where a specified sum was ordered.

Hong Kong Case Law

宏德居業主立案法團 v. 人人汽車有限公司 AND ANOTHER

THE INCORPORATED OWNERS OF HUNG WAI BUILDING v. SUNNY ELEGANT LTD AND OTHER

THE INCORPORATED OWNERS OF HIP WO HOUSE v. DAILY TREND LTD AND OTHERS