畢架山一號判書: CACV 226/2011, 23頁, 79段
1. This appeal concerns the extent to which an owners’ corporation (“IO”) can sue in relation to the common parts of the building.
2. Stripped of all non-essentials, the facts involved in this appeal may be briefly stated. The defendant was the developer of the development known as One Beacon Hill situated at No 1 Beacon Hill Road, Kowloon (“the development”). The development comprises 604 residential units, an equal number of car parking spaces and 35 motorcycle parking spaces. Before construction of the development was completed, the defendant entered into standard-term sale and purchase agreements with various purchasers in respect of 480 residential units under the Consent Scheme administered by the Lands Department (“the consent scheme contracts”). …………..
是法團本身的 “locus to sue”, i. e. lack of capacity to sue, in relation to the common parts of the owners of the building, on behalf of some, but not all, of the co-owners.