The Appeal Committee of the Court of Final Appeal has granted leave to appeal on the following question of law in 

Centre Chase Investment Limited v Incorporated Owners of Castle Appeal Road International Industrial Building

, on the ‘great general or public importance’ basis:

Besides breaches of a deed of mutual covenant involving illegality – for which there undisputedly can be no waiver or acquiescence – in what circumstances (if any) can waiver or acquiescence curtail the scope and/or excuse the discharge of the statutory duty imposed on a building’s incorporated owners by s.18(1)(c) of the Building Management Ordinance, Cap 344?

Section 18(1)(c) provides that an ‘IO' shall “

do all things reasonably necessary for the enforcement of the obligations contained in the deed of mutual covenant (if any) for the control, management and administration of the building

The appeal will be heard by the Court of Final Appeal on 29 May 2026.

The Appeal Committee’s decision on leave to appeal can be found 

 are acting for the Applicant / Appellant.

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