7 Apr 2016
LUCKY HING SHING ESTATE CO LTD v. THE INCORPORATED OWNERS OF GENIUS COURT
- Citation
- LUCKY HING SHING ESTATE CO LTD v. THE INCORPORATED OWNERS OF GENIUS COURT
- Court
- Court of First Instance
- Case number
- HCA2048/2015
The court found the plaintiff established a prima facie case that the external cages and air-conditioning units breached the DMC but the defendant raised an arguable defence of acquiescence based on longstanding visible installations and management conduct that requires trial exploration; the alleged consent defence lacked particulars and was not arguable on affidavit; accordingly leave to defend was granted and summary judgment refused.