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LDBM 360/2014 & LDBM 361/2014
(Heard Together)
[2024] HKLdT 82
LDBM 360/2014
IN THE LANDS TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
BUILDING MANAGEMENT APPLICATION NO. 360 OF 2014
____________
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BETWEEN
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THE INCORPORATED OWNERS OF CHUNG WUI APARTMENTS
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Applicant
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and
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WUI FU COMPANY LIMITED
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Respondent
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____________
AND
LDBM 361/2014
IN THE LANDS TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
BUILDING MANAGEMENT APPLICATION NO. 361 OF 2014
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BETWEEN
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THE INCORPORATED OWNERS OF CHUNG WUI APARTMENTS
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Applicant
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and
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SARWIN INDUSTRIES LIMITED
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Respondent
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____________
(Heard Together)
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Before:
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Deputy District Judge S. H. Lee, Presiding Officer of the Lands Tribunal (Paper Disposal)
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Date of Applicant’s Submissions:
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11 July 2024 & 1 August 2024
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Date of Respondents’ Submissions:
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25 July 2024
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Date of Decision:
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30 September 2024
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________________________
D E C I S I O N
________________________
1.
On 6 June 2024, this Tribunal
dismissed
a
second
post-judgment
time extension application sought by the same applicant in both actions (i.e. IO) to extend compliance deadline of mandatory injunctions made against it in favour of the 2 respondents
after trial
of their counterclaims (
the 2
nd
Time Extension Applications
).
2.
On 20 June 2024, IO applied for leave to appeal against the above dismissal in both actions (
the Leave Applications
). This decision deals with the Leave Applications.
Procedural history
Mandatory injunctions after trial
3.
Judgment on respective counterclaims of the 2 respondents in these 2 actions was handed down by this Tribunal on
24 October 2023
[1]
(
the Judgment
) after 4-day trial back in 2023. The same abbreviations used in the Judgment will be adopted here.
4.
For WF’s counterclaim in LDBM 360/2014
[2]
, this Tribunal in the Judgment ordered IO, among others, to
comply within 120 days fully with such existing order issued by BD under s.28(3) of BO to rectify all existing problems and defects of underground drains and manholes of the Building (including sewage backflow and risk of sewage backflow to Toilet D1) to the satisfaction of BD
(
360 Injunction
)
[3]
.
5.
For Sarwin’s counterclaim in LDBM 361/2014
[4]
, this Tribunal in the Judgment also ordered IO, among others, to
comply within 120 days fully with such existing order issued by BD under s.28(3) of BO to rectify all existing problems and defects of underground drains and manholes of the Building (including sewage backflow and risk of sewage backflow to Toilet C, and foul water leakage and risk of fou
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