1 Nov 2018
GRAND POWER INTERNATIONAL LTD v. CHAN SING HOI ENTERPRISES LTD AND OTHERS
- Citation
- [2018] HKLdT 86
- Court
- Lands Tribunal
- Case number
- LDBM329/2014
Tribunal held that the external wall and soffits are common parts under the BMO and within the DMC; the three signages were erected by the tenant (R2) not by R1 so claims against R1 for the signages failed; the Glass Wall amounted to trespass and contravened s.34I(1)(a) and clauses 7 and 8 of the DMC, but the 1st respondent established equitable defences (acquiescence and waiver) based on prolonged inaction by predecessors-in-title and the existence of a licence coupled with an interest/proprietary consequence binding successors; in the exercise of discretion the Tribunal refused to grant man…