12 Mar 2007
KUNG MING TAK TONG CO LTD v. PARK SOLID ENTERPRISES LTD AND ANOTHER
- Citation
- KUNG MING TAK TONG CO LTD v. PARK SOLID ENTERPRISES LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV227/2005
The appeal is dismissed because Wheeldon v Burrows cannot be used to imply an easement between co-owners in a multi-storeyed building where rights are governed by covenants; there was no necessary implication or proprietary privilege incorporated into the assignments or by s.16(1) CPO given the lack of exclusivity, certainty and identifiability of the claimed right; and clause 3(a) of the DMC did not extend to the Existing Entrance Lobby and New Staircase created later and exclusively owned by the 2nd defendant.