14 Dec 2018
THE INCORPORATED OWNERS OF GRANDMARK v. SINO CHANNEL HOLDINGS LTD
- Citation
- [2018] HKLdT 95
- Court
- Lands Tribunal
- Case number
- LDBM117/2016
The Tribunal held that on a purposive, contextual construction of the DMC and Walls Assignment, taking account of the factual matrix and the Developer's commercial objective, the term "exterior side walls" includes all four exterior sides of the building including the front and rear facades; Sino Channel is entitled to the exclusive use, occupation and enjoyment of those walls and the injunction sought against the 3/F Owner is granted.