19 Sept 2006
THE INCORPORATED OWNERS OF TUNG ON BUILDING v. KAM WAH INVESTMENT CO LTD
- Citation
- THE INCORPORATED OWNERS OF TUNG ON BUILDING v. KAM WAH INVESTMENT CO LTD
- Court
- Lands Tribunal
- Case number
- LDBM73/2006
Clause 12 of the DMC unambiguously reserves the use and enjoyment of the roof and the space behind the staircase to the First Owner; the Land Registry control card is not primary and, absent the DMC schedule, the unallocated share is presumed retained by the Respondent, therefore shop H has only one share and the Applicant's declarations fail.