11 Nov 2005
BILLION ZONE CO LTD v. THE INCORPORATED OWNERS OF MAY MOON HOUSE
- Citation
- BILLION ZONE CO LTD v. THE INCORPORATED OWNERS OF MAY MOON HOUSE
- Court
- Court of First Instance
- Case number
- HCA15296/1998
The Court construed 'the whole of Ground Floor (Garage)' in the 1962 and 1984 Assignments as limited to the covered car parking areas (the Garage Areas identified at trial), not the entire ground level or open non-garage areas; the DMC and the assignments did not convey exclusive rights over the Open Space or Non-Garage Areas, so the Subject Areas are common areas; accordingly BZ's claim for exclusive possession/trespass is dismissed and IO's defences need not be determined.