DONORA COMPANY LIMITED V. THE INCORPORATED OWNERS OF TSUEN KAM CENTRE (荃錦中心業主立案法團)

[2024] HKCFA 3 Court of Final Appeal 8 February 2024 • FACV6/2023 • 49 min read
15 cases cited (0 HK, 15 foreign) Cited by 4 cases

Outcome

Appeal allowed

I would allow the appeal and restore the declarations granted by the Judge in the Tribunal.

Source: [2024] HKCFA 3, Court of Final Appeal, decided 8 February 2024. Read directly from the judgment.

Judges (5)

Counsel (8)

Parties (2)

Case Significance

Donora Company Limited v The Incorporated Owners of Tsuen Kam Centre (荃錦中心業主立案法團) [2024] HKCFA 3 is a Court of Final Appeal decision dated 8 February 2024 concerning the Conveyancing and Property Ordinance, including section 41. The Court of Final Appeal allowed the appeal, holding: "I would allow the appeal and restore the declarations granted by the Judge in the Tribunal." The decision has been cited in later Lands Tribunal and Court of Appeal proceedings, including The Incorporated Owners of Kin Wing Commercial Building v World Treasure Properties Ltd [2024] HKLdT 24, The Incorporated Owners of Hung Wai Building v Sunny Elegant Ltd and Others [2024] HKLdT 43, Pakatower Ltd v The Incorporated Owners of Transport City Building (and 2 others) [2025] HKLdT 7, and Li Chun Bon and Another v China Mobile Hong Kong Company Ltd [2026] HKCA 88.

Summary

Donora Company Limited appealed against the Incorporated Owners of Tsuen Kam Centre regarding building management obligations under the Building Management Ordinance. The Court of Final Appeal considered the proper interpretation of the Ordinance and the powers and duties of incorporated owners. The appeal addressed important questions of building management law.

What did the Court of Final Appeal decide in Donora Company Limited v The Incorporated Owners of Tsuen Kam Centre (荃錦中心業主立案法團) [2024] HKCFA 3?

The Court of Final Appeal allowed the appeal under the Conveyancing and Property Ordinance, holding: "I would allow the appeal and restore the declarations granted by the Judge in the Tribunal."

What subsequent proceedings cite Donora Company Limited v The Incorporated Owners of Tsuen Kam Centre (荃錦中心業主立案法團) [2024] HKCFA 3?

Later citing decisions include The Incorporated Owners of Kin Wing Commercial Building v World Treasure Properties Ltd [2024] HKLdT 24, The Incorporated Owners of Hung Wai Building v Sunny Elegant Ltd and Others [2024] HKLdT 43, and Li Chun Bon and Another v China Mobile Hong Kong Company Ltd [2026] HKCA 88.

Statutes Cited

Cases Cited (15)

UK (1)
[2017] AC 1173
HK (14)
(1999) 2 HKCFAR 279 (2008) 11 HKCFAR 403 (2013) 16 HKCFAR 351 [1999] 3 HKLRD 231 [2004] 1 HKC 348 [2010] 2 HKC 241 [2010] 3 HKLRD 195 [2010] 4 HKC 463 [2011] 2 HKLRD 421 [2016] 1 HKLRD 1 [2019] 5 HKLRD 672 [2019] HKCFI 2739 [2020] HKCA 51 [2021] 1 HKLRD 408

Cited By (4)

Citation influence

HKLII records this judgment as cited by 8 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

Related cases

Other Hong Kong judgments involving the same parties or counsel.

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2024] HKCFA 3)