Read the full judgment text of CACV 48/2021 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 10 July 2023 before Hon Cheung, Au and Chow JJA.
Building Management Ordinance — Deed of Mutual Covenant — Common parts definition — Summary determination — Declaratory relief — Costs order — Water seepage damage — Structural concrete slab — Responsibility for repair. Plaintiff owned 3rd floor premises in Mei Hing Mansion with water seepage and concrete spalling in the reinforced concrete slab separating 3rd and 4th floors. Plaintiff sought summary determination that the slab was a common part under the Deed of Mutual Covenant and the Buildings Management Ordinance, and declarations that defendant incorporated owners were responsible to repair. Recorder granted declarations and costs of summons and action. On appeal, the Court of Appeal upheld the conclusion that the slab was a common part but found the grant of declarations on summary basis premature and without useful purpose given factual disputes on cause and extent of damage requiring trial. Declarations were set aside accordingly. The court also held it was wrong to award costs of the entire action at interlocutory stage. Costs of the appeal were awarded to defendant. The case clarifies the proper scope and limits on summary declaratory relief in building management disputes and the criteria for awarding costs at interlocutory stages.
Legal issues: Whether the Structural Concrete Slab is a common part of the Building · Whether the Recorder was correct to grant declarations of repair responsibility on summary basis · Whether the Recorder was right not to allow amendment or factual affirmation and to decide O14/O14A summons in a 15-minute directions hearing · Whether the Recorder erred in awarding costs of the action as well as summons costs to the plaintiff
Outcome: Allowed appeal; set aside paragraphs 3 and 4 of the Order (the Declarations and costs of action); upheld that slab is a common part; costs of appeal to defendant; no order as to costs of the summons.
Cited by 5 cases · Cites 5 cases