3 Mar 2023
SPM LTD v. APPEAL TRIBUNAL (BUILDINGS ORDINANCE)
- Citation
- [2023] HKCA 275
- Court
- Court of Appeal
- Case number
- CACV201/2022
The Court of Appeal held that the DMC, read as a whole, conferred on the first owner by Clause D2(i) an embracing exclusive right over the Development including the External Walls; the allocation of one undivided share to 'External Walls' in the First Schedule combined with Clause D1(i) therefore operated to designate the External Walls for exclusive use and remove them from the statutory definition of common parts under s2 BMO. Accordingly the External Walls (5th–30th floors) are not common parts and the tribunal's contrary determination was quashed.