Hong Kong Leading Case incorporated ownerscommon partscommon parts

Leung Tsang Hung & Anor v Incorporated Owners of Kwok Wing House

(2007) 10 HKCFAR 480; [2007] 4 HKLRD 654 [candidate's HKLRD page '454' corrected to 654]

JurisdictionHong Kong

CourtCourt of Final Appeal (Hong Kong)

Year2007

StatusBinding authority

Key Principle

An Incorporated Owners (owners' corporation) can be liable in nuisance/negligence for harm caused by the dangerous state of the common parts (including unauthorised structures annexed to them) where it knew or ought to have known of the hazard and unreasonably failed to remove it.

Area of Law

Land & Property

Related Cases

Mo Ying v Brillex Development Ltd & Anor [2015] 2 HKLRD 985; [2015] 3 HKC 104

De Monsa Investments Ltd v Richly Bright International Ltd & Anor (2015) 18 HKCFAR 232

De Monsa Investments Ltd v Whole Win Management Fund Ltd (2013) 16 HKCFAR 419; FACV 6/2012 (decided 26 July 2013) [candidate's FACV 8/2013 and neutral citation [2013] HKCFA 70 were incorrect/unverified; correct FACV is 6 of 2012]

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