Read the full judgment text of HCCT 18/2020 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 25 January 2021 before Mr Recorder Houghton, SC in Chambers.
Building Management Ordinance — Interpretation of common parts — Construction of Deed of Mutual Covenant — Order 14A summary determination — Liability for repair and maintenance — Structural concrete slab between 3rd and 4th floors — Whether slab constitutes a common part of the building. The plaintiff, owner of 3rd floor premises in Mei Hing Mansion, sought summary determination that a reinforced concrete slab between the 3rd and 4th floors is a common part under the Building Management Ordinance (Cap.344) and the Deed of Mutual Covenant, hence maintenance is the defendant’s responsibility. The court analysed BMO s.2 and Schedule 1 definitions, holding that although 'slab' is not expressly mentioned, the category of structural supports and roofs includes it. The DMC’s definition depends on exclusive ownership, which was not allocated here, making the slab a common area. The defendant’s submissions demanding factual/expert evidence were rejected since the issue was purely a question of law and construction suitable for determination under Order 14A. The court allowed the plaintiff’s legal question application but modified repair relief to a declaration due to the factual complexity of damage cause and extent. Costs were awarded to the plaintiff. The court’s decision clarifies maintenance liabilities in multi-unit buildings where building structures form shared common parts.
Legal issues: Whether the structural slab is a common part under the DMC and BMO · Whether Order 14A summary determination is appropriate · Scope of remedies available at summary stage
Outcome: The structural concrete slab between the 3rd and 4th floors of Mei Hing Mansion is a common part of the building under the BMO and DMC; the defendant is responsible for maintenance and repair; costs of summons awarded to plaintiff.
Cited by 2 cases · Cites 1 case