10 Mar 2008
FAIRVIEW PARK PROPERTY MANAGEMENT LTD v. FU CHUNG FU
- Citation
- FAIRVIEW PARK PROPERTY MANAGEMENT LTD v. FU CHUNG FU
- Court
- Court of First Instance
- Case number
- HCA2864/2006
The Unauthorized Structures breached express provisions of the DMC and Estate Rules; the Defendant's defences of private enjoyment and acquiescence failed because the purchaser took subject to the DMC and Plaintiff's selective enforcement resulted from limited resources and priority decisions not waiver; accordingly mandatory removal/demolition and negative injunctions (except in respect of the removed tent) are warranted.