14 Feb 2019
有利工業貨倉大廈業主立案法團 v. 怡豐興業有限公司
- Citation
- [2019] HKLdT 10
- Court
- Lands Tribunal
- Case number
- LDBM369/2015
The Tribunal held the Alterations (drainage pipes, holes, air conditioners) unlawfully occupied common parts and breached DMC clauses 10(i)(v) and 10(j) and s.34I(1)(a) BMO; prior public notices and warnings rebutted any acquiescence; removal and reinstatement by respondent within 28 days was appropriate and not inequitable; applicant had no contractual obligation to consider or approve an increase in electricity supply and respondent's counterclaim failed for lack of causation.