18 Aug 2020
CHEUNG KAM BIU 及另六人 對 何華蘭及另一人
- Citation
- [2020] HKDC 649
- Court
- District Court
- Case number
- DCCJ5350/2016
The unauthorised shop, storage space and enclosing shutter were held to form part of the building's common parts; plaintiffs as registered owners have statutory and equitable rights under BMO s34I and CPO s41 to enforce removal of unauthorised structures and restore the common parts; the defendant's adverse possession defence failed for lack of pleaded and evidential foundation; mandatory and prohibitory injunctions were therefore granted.