Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Jurisdiction of court of first instance vs lands tribunal
  • 2 Feb 2000

    THE INCORPORATED OWNERS OF CARADO GARDEN v. GLORY HOME DEVELOPMENT LTD.

    Citation
    THE INCORPORATED OWNERS OF CARADO GARDEN v. GLORY HOME DEVELOPMENT LTD.
    Court
    Court of First Instance
    Case number
    HCA13957/1996

    The action was dismissed because the Court of First Instance was not the proper forum for the claim (or the action was misconceived on jurisdictional grounds), the Plaintiff failed to prove that the alleged encroachments were on Commercial Common Area, and injunctive relief was unnecessary because the breaches had been purged.

    • Deed of mutual covenant
    • Building management ordinance s.34i
    • Jurisdiction of court of first instance vs lands tribunal
    • Injunctive relief
    • Evidence of boundaries
    • Costs