7 May 2025
SINO UNION DEVELOPMENT LTD AND ANOTHER v. THE INCORPORATED OWNERS OF CHIP LEE BUILDING
- Citation
- [2025] HKCFI 1775
- Court
- Court of First Instance
- Case number
- HCA1415/2023
The court accepted that the DMC and first assignments grant a right of access but held that such rights in a multi-unit DMC context are subject to an element of reasonableness; having assessed the mixed commercial/residential use, evidence of long-standing gate practice, security concerns, mitigations and limited effectiveness arguments, the gate as maintained falls within a reasonable range and therefore does not wrongfully interfere with the right; the Defendant is entitled to maintain the Metal Gate under the Building Management Ordinance; there was no binding waiver, estoppel or abandonme…