15 Aug 2018
KONG WAI HSIEN AND OTHERS v. THE INCORPORATED OWNERS OF TAI WAI GLAMOUR GARDEN AND OTHERS
- Citation
- [2018] HKCFI 1887
- Court
- Court of First Instance
- Case number
- HCA1442/2013
On construction of the Subject DMC as a whole the external walls were designated common parts; Clauses 8(b)-(c) reserved limited, qualified rights (installation/advertising/chimneys) subject to statutory and manager approvals and indemnities and did not confer exclusive possession or exclusive right under s34H; therefore plaintiffs' claim failed and issues of IO duties and relief did not avail them; claim dismissed.