CHAN WING TONG V. THE INCORPORATED OWNERS OF KAM CHUNG BUILDING (JAFFE ROAD) AND OTHERS

[2024] HKCFI 508 Court of First Instance 15 February 2024 • HCA1581/2017 • 103 min read
13 cases cited (0 HK, 13 foreign) Cited by 1 case

Outcome

Appeal allowed

The appeal was allowed by the Court of Final Appeal and the incorporated owners were found liable for public nuisance.

Source: [2024] HKCFI 508, Court of First Instance, decided 15 February 2024. Read directly from the judgment.

Judges (1)

B Chu Coram

Counsel (9)

Kitty So & Tong Firm Lau, Chan & Ko Firm Lo & Lo Firm Benjamin Chain Counsel Plaintiff Edward Chan Counsel Defendant Kevin Poon Counsel Plaintiff Kong Sau Fung, Hatten Counsel Defendant Verna Lui Counsel Defendant Vincent Wan Counsel Defendant

Parties (5)

The Incorporated Owners of Kam Chung Building (Jaffe Road) Defendant Winland Centre Limited Defendant Winland Culture Limited Defendant Winland Property Holding Limited Defendant Chan Wing Tong Plaintiff

Statutes Cited

Building Management Ordinance
s 16
Buildings Ordinance (Cap 123)
Fire Services Ordinance
s 2 s 9
Land Registration Ordinance (Cap 128)
Limitation Ordinance (Cap 347)

Cases Cited (13)

UK (6)
[1940] AC 880 [2002] 1 AC 889 [2012] EWCA Civ 56 [2016] QB 23 [2017] AC 467 [2023] 2 WLR 339
HK (7)
[1991] 2 HKC 342 [2005] HKCA 194 [2005] HKLRD 499 [2007] 4 HKLRD 654 [2012] 5 HKLRD 375 [2017] 3 HKC 527 [2023] HKCA 479

Cited By (1)

[2024] HKDC 1484
THE INCORPORATED OWNERS OF CHEONG FAT FACTORY BUILDING (FLATS A, B, E & F) AND ANOTHER V. WONG YUET HAN黃月嫻TRADING AS MAN LEE HONG民利行, BEING THE OCCUPIER OF A STRUCTURE ERECTED UNDER THE ESCAPE STAIRCASE LEADING TO NO. 265 UN CHAU STREET ON GROUND FLOOR AND OTHERS

Citation influence

HKLII records this judgment as cited by 3 later judgments. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2025] HKDC 64 District Court
24 January 2025
[2024] HKCFI 3096 Court of First Instance
4 November 2024
[2024] HKDC 1484 District Court
9 September 2024

Related cases

Other Hong Kong judgments involving the same parties or counsel.

[2024] HKCFI 2213 HKCFI
CHAN WING TONG V. THE INCORPORATED OWNERS OF KAM CHUNG BUILDING (JAFFE ROAD) AND OTHERS
28 August 2024
[2025] HKCFI 3398 HKCFI
SUNNI INTERNATIONAL LTD (IN LIQUIDATION) V. KAO WAI HO FRANCIS AND OTHERS (and 2 others)
1 August 2025
[2024] HKLdT 27 HKLDT
WINLAND PROPERTY LTD AND OTHERS V. CHANG SAI HO FORMERLY KNOWN AS LAW WAI KUN AND OTHERS
28 March 2024
[2025] HKLdT 41 HKLDT
WINLAND PROPERTY HOLDING LTD AND OTHERS V. CHANG SAI HO FORMERLY KNOWN AS LAW WAI KUN AND OTHERS
25 July 2025
[2022] HKCFA 21 HKCFA
SOKA GAKKAI INTERNATIONAL OF HONG KONG LTD (香港國際創價學會有限公司) V. LAM KIN CHUNG
6 October 2022
[2022] HKCFA 2 HKCFA
DENNIS KWOK HON MING V. POON SUI CHEONG ALBERT AND OTHERS
8 February 2022

Judgment

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

Read on HKLII

Source: HKLII ([2024] HKCFI 508)