29 Sept 2010
INCORPORATED OWNERS OF YUE SUN MANSION v. KAM MAN FOOK FUNERAL LTD AND ANOTHER
- Citation
- INCORPORATED OWNERS OF YUE SUN MANSION v. KAM MAN FOOK FUNERAL LTD AND ANOTHER
- Court
- Lands Tribunal
- Case number
- LDBM246/2009
The tribunal found on the balance of the evidence that the 1st Respondent held itself out and carried on activities falling within the statutory definition of an 'undertaker of burials' without the required licence, thereby using the Premises for an illegal purpose in breach of clause 10(c) of the DMC; the 2nd Respondent (landlord) knew or ought to have known and therefore permitted that use and also breached clause 10(c); however the conduct did not amount to obnoxious conduct, nuisance, annoyance or lowering of the building's dignity under clause 10(e); the IO's refusal to consent to furthe…