6 Jul 2021
DONORA CO LTD v. THE INCORPORATED OWNERS OF TSUEN KAM CENTRE
- Citation
- [2021] HKLdT 49
- Court
- Lands Tribunal
- Case number
- LDBM176/2018
The Tribunal held that on proper construction of the DMC and having regard to the statutory definitions the external walls are common parts and the respondent failed to demonstrate any specification or designation reserving exclusive use to the applicant; the judge's factual finding that the walls could be notionally subdivided for allocation of repair costs under the DMC and section 34H was upheld; although the appeal lacked reasonable prospects leave was granted in the interests of justice to permit appellate consideration of the contested legal principles.