23 Feb 2006
THE INCORPORATED OWNERS OF GOLDEN CASTLE MANSION v. EASTERN GLOBAL PROPERTY MANAGEMENT LTD
- Citation
- THE INCORPORATED OWNERS OF GOLDEN CASTLE MANSION v. EASTERN GLOBAL PROPERTY MANAGEMENT LTD
- Court
- Lands Tribunal
- Case number
- LDBM351/2004
The assignments and the DMC plainly did not assign the disputed driveway areas to any proprietor; colouring on plans did not alter the clear description of the subject-matter; accordingly the Respondent had no title to exclusive use and the disputed areas are common parts under the DMC and the Building Management Ordinance. The Tribunal granted a prohibitory injunction preventing conversion of the disputed areas but declined to order removal of existing structures or an account of profits given practical management history and fairness.