LDBM 17/2024

[2025] HKLdT 24

IN THE LANDS TRIBUNAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

BUILDING MANAGEMENT APPLICATION NO 17 OF 2024

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J U D G M E N T

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THE APPLICATION

1. The applicant with her husband and son are majority owners (“Majority Owners”) of the land and building known as “ LA VILLA (龍濤花園) ” situated at No. 142 Waterloo Road, (“Building”) erected on New Kowloon Inland Lot No. 4069 (“Premises”). The respondent is the remaining owner.

2. The applicant seeks a declaration that, on the proper construction of the Deed of Mutual Covenants dated 4 February 1987 (Memorial No: 3288524) (“DMC”), the Majority Owners are entitled to change the name of the Building without the unanimous consent of all its owners (“Owners”), namely without the consent of the respondent.

3. The question is whether the name of the building known as “ LA VILLA (龍濤花園) ” can be changed by the majority of owners passing a resolution pursuant to clause 9 of, and the Fifth Schedule to, the DMC, without the unanimous consent of all the Owners.

4. Although witness statements had been filed neither party called any witness at the trial. There are no material disputes of fact. The parties agreed that the application proceed and be determined on the basis of a Statement of Agreed Facts dated 18 November 2024 (“Agreed Facts”) and a bundle of agreed documents. The issues turn on the construction of the DMC and determinations of law.

5. The applicant is represented by Ms Queenie Lau SC and Mr Cedric Yeung. The respondent is represented by Mr Ian Chau.

THE FACTS

6. The Agreed Facts include the following.

7. The applicant was at all material times and still is the registered owner of 87 equal undivided 323 ^rd parts or shares of and in the Premises and of and in the Building together with the sole and exclusive right and privilege to hold, use, occupy and enjoy the following:

(a) Unit D with 3 split levels and portion of the roof;

(b) Car Park Nos. 1, 2 and 3;

(c) Covered Space Nos. 7 and 10; and

(d) Open Space Nos. 8 and 12 on the Ground.

Neither the applicant nor any other persons has ever resided in Unit D.

8. The respondent was at all material times and still is the registered owner of 77 equal undivided 323 ^rd parts or shares of and in the Premises and of and in the Building together with the sole and exclusive right and privilege to hold, use, occupy and enjoy the following:

(a) Unit A with 3 split levels and portion of the roof; and

(b) Car Park Nos. 4.

The respondent’s directors are now in their mid-70s.

9. Mr. Ma King Ho, the applicant’s husband (“husband”), was at all material times and still is the registered owner of 78 eq