17 Sept 2020
THE INCORPORATED OWNERS OF GOUGH PLAZA v. WONG CHING KONG AND ANOTHER
- Citation
- [2020] HKDC 799
- Court
- District Court
- Case number
- DCCJ3400/2019
Bolts securing equipment were fixed into the concrete structural parapet which is a common part; installations therefore constituted trespass and breaches of DMC clauses 4 and 13 (and others requiring prior written consent); acquiescence/waiver defense unavailable for absolute prohibitions in the DMC; however restitution by way of an account of license fees was not available because the roof belonged to the defendants and there was no enrichment at the plaintiff's expense, so claimant's substantive relief failed and the claim was dismissed.