30 Mar 2001
GROWTH BRIGHT LTD. v. THE INCORPORATED OWNERS OF GRANDVIEW BUILDING
- Citation
- GROWTH BRIGHT LTD. v. THE INCORPORATED OWNERS OF GRANDVIEW BUILDING
- Court
- Court of Appeal
- Case number
- CACV843/2000
Clause 3(a) of the DMC did not confer on the appellant the right to use the residential lifts for access to the commercial floors or to effect structural openings in the residential lift shafts; the DMC must be construed with regard to the building's physical design which separated commercial and residential use, clause 3(e) is limited to maintenance and repair and does not authorize the proposed alterations, and the exemption in clause 4(f)b evidences that residential lifts were not intended for commercial access.