THE INCORPORATED OWNERS OF HUNG WAI BUILDING V. SUNNY ELEGANT LTD AND OTHERS

[2025] HKCA 685 Court of Appeal 24 July 2025 • CAMP164/2024 • 21 min read

3 cases cited (0 HK, 3 foreign) Cited by 1 case

Outcome

Application dismissed

The Summons is dismissed with costs to the IO, to be summarily assessed.

Source: [2025] HKCA 685, Court of Appeal, decided 24 July 2025. Read directly from the judgment.

Judges (2)

Au Coram Chow Coram

Counsel (5)

Christine F L Ip & Young Firm Lam & Partners Firm Becky Wong Counsel Applicant K M Chong Counsel Respondent Vivian Li Counsel Respondent

Parties (5)

Mak Creative Limited Respondent Sunny Elegant Limited Respondent Tasty Creation LIMITEDtrading as海中寶海鮮舫 Respondent The Incorporated Owners of Hung Wai Building Applicant Yu Chung Man Respondent

Case Significance

THE INCORPORATED OWNERS OF HUNG WAI BUILDING V. SUNNY ELEGANT LTD AND OTHERS [2025] HKCA 685 is a Court of Appeal decision dated 24 July 2025 arising under the Rules of the High Court, continuing earlier proceedings between the same parties reported at THE INCORPORATED OWNERS OF HUNG WAI BUILDING V. SUNNY ELEGANT LTD AND OTHERS [2025] HKCA 336. The Court of Appeal dismissed the summons, holding that "The Summons is dismissed with costs to the IO, to be summarily assessed." The decision was subsequently cited in 中紀投資有限公司 V. 青山道國際工業大廈業主立案法團 AND OTHERS [2026] HKLdT 10.

Summary

The Incorporated Owners of Hung Wai Building sought leave to appeal against a Lands Tribunal decision concerning ownership and control of disputed common areas in the building, including a yard, corridor, and staircases used by commercial tenants. The Court of Appeal refused leave, finding the appeal had no reasonable prospect of success as the issues were primarily factual. The application was dismissed with costs.

What did the Court of Appeal order in the Hung Wai Building dispute ([2025] HKCA 685)?

In THE INCORPORATED OWNERS OF HUNG WAI BUILDING V. SUNNY ELEGANT LTD AND OTHERS [2025] HKCA 685, the Court of Appeal dismissed the summons before it, with costs to the incorporated owners to be summarily assessed, following on from the related decision in [2025] HKCA 336.