Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Statutory interpretation of building management ordinance

Legal area

Court

13 Jan 2017

THE INCORPORATED OWNERS OF FLORA GARDEN v. LI DO WAI AND OTHERS

Citation

THE INCORPORATED OWNERS OF FLORA GARDEN v. LI DO WAI AND OTHERS
Court

Court of First Instance
Case number

HCMP3143/2016

Leave to appeal was refused because the grounds advanced were primarily challenges to factual findings or raised no arguable point of law with a reasonable prospect of success; statutory amendments to the Building Management Ordinance encompass renovation works and there is no inconsistency between the DMC and the relevant statutory provisions, so the Lands Tribunal judge committed no error of law.
13 Jan 2017

THE INCORPORATED OWNERS OF FLORA GARDEN v. WONG YUK FUNG AND ANOTHER

Citation

THE INCORPORATED OWNERS OF FLORA GARDEN v. WONG YUK FUNG AND ANOTHER
Court

Court of First Instance
Case number

HCMP3145/2016

Leave to appeal refused because the proposed grounds did not raise points of law with reasonable prospect of success; the Lands Tribunal judge correctly found the IO had power under the amended Building Management Ordinance and Clause 4(f) of the DMC to authorize the renovation works; there was no inconsistency requiring DMC to prevail; the $10,000 oversight is to be credited and respondents ordered to pay costs fixed at $25,000 each.