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LDBM 200/2020
[2024] HKLdT 57
IN THE LANDS TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
BUILDING MANAGEMENT APPLICATION NO.200 OF 2020
__________________
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BETWEEN
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THE INCORPORATED OWNERS OF GRENVILLE HOUSE
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Applicant
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and
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KEEN JOY ENTERPRISES LIMITED
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Respondent
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_________________
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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 Respondent’s Submissions
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25 June 2024
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Date of Applicant’s Submissions
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26 June 2024
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Date of Hearing:
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28 June 2024
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Date of Respondent’s Reply Submissions
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15 July 2024
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Date of Decision:
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16 August 2024
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_____________________
D E C I S I O N
_____________________
1.
On 14 May 2024, I handed down Judgment of this application and counterclaim (
the Judgment
)
[1]
after trial. For this Decision, I adopt the same expressions and abbreviations in the Judgment. In the Judgment, I dismissed the entirety of the counterclaim raised by Keen Joy against IO
[2]
. Keen Joy has raised two counterclaims
[3]
. By its second one, Keen Joy sought specific performance of IO’s obligations under the DMC and BMO regarding Fire Alarm Problem with a view to ensure an effective fire alarm system for Apartment F12 owned by it, and/or damages in lieu of, or in addition to, specific performance
[4]
.
2.
By Form 1 filed on 11 June 2024, Keen Joy sought leave to appeal against the Judgment
only
on my dismissal of its second counterclaim relating to Fire Alarm Problem (
the Leave Application
). Two proposed grounds of appeal are annexed to the said Form 1. A fourth affirmation of Nora together with exhibit “FLLN-1” was filed on 11 June 2024 in support of the said application.
3.
On the two dates stated above, Keen Joy has lodged and served its skeleton submissions (
R’s Skeleton
) and skeleton submissions in reply (
R’s Reply Skeleton
), annexed with Keen Joy’s opening submissions
[5]
, in support of the Leave Application.
4.
On the date stated above, counsel for IO, Mr Iverson Wong (
Mr Wong
), who had not appeared for IO at trial, has also lodged and served IO’s skeleton submissions (
A’s Skeleton
) in opposition to the Leave Application.
5.
At the hearing of the Leave Application on 28 June 2024, both Nora and Mr Wong appearing respectively for Keen Joy and IO made no substantive submission on the Leave Application and agreed for it to be disposed on papers after Keen Joy files and serves R’s Reply Skeleton.
6.
In arriving at this Decision, this Tribunal has carefully considered the Judgment and all proposed grounds of appeal in light of, among others, all submissions advanced by parties in the above 3 skeletons, all pertinent contents of 4
th
affirmation of Nora and exhibit thereof, and all pertinent evidence adduced by parties at trial regarding the second counterclaim of the Fire Alarm Problem.
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