The Incorporated Owners of Kam Luk Building v. Poon Mui Sang and Others

DCCJ 1649/2016

[2018] HKDC 1493

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 1649 OF 2016

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CORRIGENDUM

Notice is hereby given that the following amendments be made to the Judgment.

Page 39, paragraph 73 (b), 3^rd line:

“……69, which have been existed for almost 40-50 years and ……” should read as “……69, which have existed for almost 40-50 years and ……”.

Page 42, paragraph 75 (a), 3^rd to 4^th lines:

“……been commenced against D1 and D4 until 11 April 2006;” should read as “……been commenced against D1 and D4 until 11 April 2016;”.

Page 44, paragraph 76 (a), 1^st and 2^nd lines:

“It is plain from the CA judgment in The IO of Oriental Gardens, the inaction of the IO’s predecessor, namely, ……” should read as “It is plain from the CA judgment in Cheung Yuet & Another v The Incorporated Owners of Oriental Gardens [1977-1979] HKC 168 (Huggins VP, Leonard and Cons JJ), the inaction of the IO’s predecessor, namely,……”.

Page 53, paragraph 97, 1^st to 3^rd lines:

“First, in Freder Centre, Chu JA has held at §24 that “it is impact in s.34I(i) of the BMO that [IO] can give approval to an owner to convert part a common part to hios own use.” Thus, in that case, the CA……” should read as “First, in Freder Centre, Chu JA has held at §24 that “it is implicit in s.34I(i) of the BMO that [IO] can give approval to an owner to convert part a common part to his own use.”  Thus, in that case, the CA……”.

Page 54, paragraph 100 (c), 5^th line:

“……therefore inequurable to prevent D1 and D4 from doing……” should read as “……therefore inequitable to prevent D1 and D4 from doing……”.

Page 54, paragraph 101, 2^nd line:

“……in the Building, they are not bound by the terms of the DMS.  The reasons……” should as “……in the Building, they are not bound by the terms of the DMC.  The reasons……”.

Page 57, paragraph 110, 2^nd to 3^rd lines:

“……occpution of the Staircases would be tolerated by P.  In my judgment, the mere issuing of the alleged letters in 2010 is not insufficient to save P’s……” should read as “……occupation of the Staircases would be tolerated by P.  In my judgment, the mere issuing of the alleged letters in 2010 is insufficient to save P’s……”.

Page 57, paragraph 113, 4^th line:

“……“all sprinkler inlets” should be provide on the ground floor of the Building, ……” should read as “……“all sprinkler inlets” should be provided on the ground floor of the Building, ……”.

Page 60, paragraph 124 (b), 3^rd line:

“……therefore unclear on what basis P says that the meatal……” should read as “……therefore unclear on what basis P says that the metal……”.

Page 61, paragraph 124 (d), 6^th line:

“……D1 and D4 for adverse possession;” should read as “……D1 and D4 for adverse possession and defence of acquiescence and waiver.”

Dated the 17^th day of December 2018

Mr Tom Ng, instructed by Huen & Partners, for the plaintiff

Mr Adrian Leung, instructed by Humphrey & Associates, for the 1^st and 4^th defendants

The 5^th defendant was not represented and did not appear