28 Mar 2025
GOLDEN KEY INDUSTRIAL LTD 對 THE INCORPORATED OWNERS OF WAH CHUN INDUSTRIAL CENTRE及另一人
- Citation
- [2025] HKLdT 10
- Court
- Lands Tribunal
- Case number
- LDBM125/2022
[2025] HKLdT 10
Hong Kong Case Law
Mandatory repair order
5 Feb 2025
CHEUK KIM FUNG 對 寶石戲院大厦業主立案法團
- Citation
- [2025] HKLdT 4
- Court
- Lands Tribunal
- Case number
- LDBM37/2023
Applicant proved on balance that A402 suffered persistent leakage from March 2021 and that the primary source was the defective external lightwell wall (a common part). The Incorporated Owners, having been notified and having received government reports, failed to take appropriate and timely steps to investigate and remedy the defect; therefore they breached their statutory duty under BMO s.18(1)(a) and are liable. A mandatory repair order and awards for reasonable repair costs and limited rental loss are appropriate.
26 Nov 2024
KIMBERLEY ASSETS MANAGEMENT LTD 對 THE INCORPORATED OWNERS OF WING LEE BUILDING
- Citation
- [2024] HKLdT 92
- Court
- Lands Tribunal
- Case number
- LDBM114/2022
The tribunal found on the balance of probabilities that Flat 9I suffered continuing leakage caused at least in part by defective waterproofing of the roof and external wall; the Incorporated Owners failed to take reasonable investigatory and supervisory steps and therefore breached their statutory duty in respect of common parts under s18(1)(a) of the Building Management Ordinance, entitling the applicant to a mandatory repair order and assessed monetary relief (repair costs and modest rental compensation) plus interest and costs.
21 Nov 2014
YU SIU HUNG v. YUEN MAN CHIU ROGER
- Citation
- YU SIU HUNG v. YUEN MAN CHIU ROGER
- Court
- Lands Tribunal
- Case number
- LDBM292/2009
Applicant failed to prove on balance that the extensive ceiling damage to Flat 9A was caused by the respondent's failure to maintain Flat 10A; though a coloured water test established a proven pathway from Flat 10A's bathroom floor to Flat 9A's bathroom and adjoining bedroom (via fluorescein detection), that limited pathway did not account for the primary damage in living and dining areas and did not establish respondent liability for the broader damages; accordingly the tribunal dismissed all substantive claims except to require respondent to reinstate the waterproofing membrane of Flat 10A'…