20 Apr 2005
THE INCORPORATED OWNERS OF YEE FUNG GARDEN v. BASIC TECH LTD AND ANOTHER
- Citation
- THE INCORPORATED OWNERS OF YEE FUNG GARDEN v. BASIC TECH LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV40/2003
Appellate court upheld the trial judge's exercise of discretion to grant a mandatory injunction in relation to most impugned works because the DMC and relevant statutes governed the works, managers were justified in withholding consent pending proper structural plans and inspection, and statutory breaches were established; however the court allowed the appeal insofar as the mandatory injunction related to the gas pipe and the relocated/expanded toilets, setting aside the mandatory relief for those items and holding a declaration of breach (rather than mandatory restoration) to be sufficient g…