Hong Kong Case Law: Decisions & Judgments

Topic

Unauthorized building works (ubws)

Legal area

Court

12 Aug 2024

LAU CHI WANG and 613 Others as listed in the Schedule attached hereto v. APPEAL TRIBUNAL (BUILDINGS)

Citation

[2024] HKCFI 2046
Court

Court of First Instance
Case number

HCAL587/2022

The Court held the Tribunal did not commit legal error nor make a perverse factual finding: the claimed substantive legitimate expectation failed because either it was unlawful/unreasonable in the statutory and policy context of the Buildings Ordinance and BA enforcement policy, or there was no clear, unambiguous representation to support it; BA retains discretion under s24 to issue demolition orders; accordingly the judicial review is dismissed and costs awarded to the BA.
30 Jan 2024

THE INCORPORATED OWNERS OF WING FAI BUILDING v. CHAN YUN CHOI AND ANOTHER

Citation

[2024] HKLdT 4
Court

Lands Tribunal
Case number

LDBM29/2020

The Tribunal held IO was the overall successful party on the single event (IO's claim), having obtained mandatory injunctions and effective relief on the disputed works; the general rule that costs follow the event applies subject to appropriate deduction for discrete failed issues; IO's failure on the discrete waterproofing damages claim justified depriving IO of costs attributable to that trial time (estimated 30%) but did not justify varying the costs nisi; respondents' complaints about non-disclosure, settlement offers and wasted expert costs did not establish misconduct or special circum…
27 May 2021

803 FUNDS LTD v. DIRECTOR OF BUILDINGS

Citation

[2021] HKCFI 1471
Court

Court of First Instance
Case number

HCAL2215/2020

The Applicant, a company claiming public interest objectives, does not possess a sufficient interest in the subject matter to obtain leave for judicial review; on a holistic assessment the challenge does not justify granting leave (notwithstanding that one ground was arguably reasonably arguable), and the Director lawfully applied established risk‑based enforcement policies in declining immediate statutory enforcement orders; accordingly leave to apply for judicial review is refused.
30 Jun 2010

SUNBEAM INVESTMENTS LTD v. THE INCORPORATED OWNERS OF VILLA VENETO

Citation

SUNBEAM INVESTMENTS LTD v. THE INCORPORATED OWNERS OF VILLA VENETO
Court

Lands Tribunal
Case number

LDBM370/2007

The tribunal found the Respondent breached its statutory duty under s18(1) BMO and its obligations under the DMC by failing to enforce removal of air-conditioners installed outside designated areas and by unduly delaying permanent rectification of external walls causing water seepage; the Respondent must take immediate enforcement and remedial action and pay proven damages; roller shutters were unauthorized/alterations and must be removed; balcony enclosures were not proved to be structural alterations warranting relief and that claim failed.

Hong Kong Case Law

LAU CHI WANG and 613 Others as listed in the Schedule attached hereto v. APPEAL TRIBUNAL (BUILDINGS)

THE INCORPORATED OWNERS OF WING FAI BUILDING v. CHAN YUN CHOI AND ANOTHER

803 FUNDS LTD v. DIRECTOR OF BUILDINGS

SUNBEAM INVESTMENTS LTD v. THE INCORPORATED OWNERS OF VILLA VENETO