11 Mar 2005
THE INCORPORATED OWNERS OF TSUI CHUK GARDEN v. EDENTOWN LTD
- Citation
- THE INCORPORATED OWNERS OF TSUI CHUK GARDEN v. EDENTOWN LTD
- Court
- Lands Tribunal
- Case number
- LDBM303/2004
Clause 14 does not prohibit the apportionment of lump‑sum service costs provided apportionment is done on a benefit basis and is reasonably justified; the definition of Commercial Development in Clause 1 can include common parts intended for commercial use; however specific apportionments lacking evidential support must be excluded. Applying these principles the tribunal held several disputed apportionments were unsupported and the Applicant's claim based on the second part of the budget failed.