Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Boundary/assignment interpretation
  • 3 Dec 2014

    NG JESS v. WILMES LAI SHIM

    Citation
    NG JESS v. WILMES LAI SHIM
    Court
    Lands Tribunal
    Case number
    LDBM280/2013

    Tribunal found the majority of alleged breaches of Clause 14(a) were not established on the evidence (Allegations A-D and E) because no damage or interference was proven; however the breaking up of the external wall beneath the G/F window constituted conversion of a common external part and breached Clause 26(a); the Glass Structures on the roof were structural alterations that interfered with another owner's right of access to the antenna and breached Clause 7; despite proven breaches the Tribunal refused mandatory injunctions as disproportionate and not justified because damages or inconven…