3 Oct 2007
THE INCORPORATED OWNERS OF WING MING INDUSTRIAL CENTRE v. MANTEX SUPPLIES CO LTD AND OTHERS
- Citation
- THE INCORPORATED OWNERS OF WING MING INDUSTRIAL CENTRE v. MANTEX SUPPLIES CO LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1505/2007
The Occupation Permit specifically prescribes permitted uses for the ground floor and cockloft; the defendants' use of Portion A as a Chinese medical clinic and Portion B's activities are not covered by the OP and thus breach clause 30(a) of the Deed of Mutual Covenant and the Land Grant; there is no arguable defence in respect of Portion A and no approval or waiver from the Lands Department has been obtained, so summary judgment with injunctions in favour of the plaintiff is appropriate (subject to a limited triable issue on Portion B's primary use which did not defeat the overall claim).