24 Jan 1991
THE INCORPORATED OWNERS OF VIKING GARDEN v. GOLDEN BRAINS LTD AND ANOTHER
- Citation
- THE INCORPORATED OWNERS OF VIKING GARDEN v. GOLDEN BRAINS LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA8035/1990
The court construed the DMC and the 1977 assignment to grant the 1st defendant exclusive use of the roof spaces shown coloured pink but not the uncoloured roof structure; the roof structure is part of the common parts under the Ordinance and under section 15(1) is subject to the owners' corporation's control, and no implied right to anchor the proposed illuminated advertising sign to the roof structure was shown because such an implied right was not necessary but merely convenient, therefore the defendants are not entitled to affix the sign to the roof structure without the plaintiff's consen…