THE INCORPORATED OWNERS OF SUN HING BUILDING (新興大廈業主立案法團) V. JOIN PROFIT (HONG KONG) LIMITED (聯耀(香港)有限公司), GLORY RIVER DEVELOPMENT LIMITED (濠江發展有限公司) (and 1 other)

[2025] HKCFA 5 Court of Final Appeal 11 March 2025 • FAMV160/2024; FAMV161/2024 • 8 min read

2 cases cited (0 HK, 2 foreign) Cited by 1 case

Outcome

Application dismissed

we dismissed the applications for leave to appeal with costs.

Source: [2025] HKCFA 5, Court of Final Appeal, decided 11 March 2025. Read directly from the judgment.

Judges (3)

Fok Coram Lam Coram Ribeiro Coram

Counsel (8)

Kenneth C.C. Man & Co Firm Lam & Partners Firm Rowdget W Young & Co Firm Anson Wong Counsel Respondent Euchine Ng Counsel Respondent Lawrence K F Ng Counsel Applicant Martin Wong Counsel Respondent Victor T S Lui Counsel Applicant

Parties (3)

Glory River Development Limited Respondent Join Profit (Hong Kong) Limited Respondent The Incorporated Owners of Sun Hing Building Applicant

Case Significance

The Incorporated Owners of Sun Hing Building (新興大廈業主立案法團) v. Join Profit (Hong Kong) Limited (聯耀(香港)有限公司), Glory River Development Limited (濠江發展有限公司) (and 1 other) [2025] HKCFA 5 was decided by the Court of Final Appeal on 11 March 2025, engaging section 16 of the Building Management Ordinance. The Court of Final Appeal held: "we dismissed the applications for leave to appeal with costs." The applications followed the Court of Appeal proceedings in The Incorporated Owners of Sun Hing Building v. Join Profit (Hong Kong) Ltd and Another (and 3 others) [2024] HKCA 589 and The Incorporated Owners of Sun Hing Building v. Join Profit (Hong Kong) Ltd and Another (and 1 other) [2024] HKCA 943.

The Court of Final Appeal's refusal of leave in [2025] HKCFA 5 was later referred to in 中紀投資有限公司 Centre Chase Investment Limited v. 青山道國際工業大廈業主立案法團 The Incorporated Owners of Castle Peak Road International Industrial Building and STL Company Limited [2026] HKCFA 26, a subsequent building-management dispute before the Court of Final Appeal.

Summary

The Incorporated Owners of Sun Hing Building (新興大廈業主立案法團) sued Join Profit (Hong Kong) Limited (聯耀(香港)有限公司) and Glory River Development Limited (濠江發展有限公司) in a building management dispute. The case raised issues of general importance about incorporated owners' rights. The Court of Final Appeal determined the appeal.

What did the Court of Final Appeal decide in The Incorporated Owners of Sun Hing Building v. Join Profit (Hong Kong) Limited [2025] HKCFA 5?

The Court of Final Appeal held "we dismissed the applications for leave to appeal with costs," refusing leave to appeal on 11 March 2025 in a dispute concerning section 16 of the Building Management Ordinance, following earlier Court of Appeal proceedings between the same parties.

Which earlier Court of Appeal decisions preceded [2025] HKCFA 5?

The applications followed two Court of Appeal decisions between the same parties: The Incorporated Owners of Sun Hing Building v. Join Profit (Hong Kong) Ltd and Another [2024] HKCA 589 and [2024] HKCA 943, both concerning the same building management dispute.

What later Court of Final Appeal decision cited [2025] HKCFA 5?

The refusal of leave in [2025] HKCFA 5 was cited in Centre Chase Investment Limited v. The Incorporated Owners of Castle Peak Road International Industrial Building and STL Company Limited [2026] HKCFA 26, a later building-management dispute before the Court of Final Appeal.