31 Dec 2020
好順利大廈業主立案法團 v. WEALTH GEAR LTD AND ANOTHER
- Citation
- [2020] HKCA 1086
- Court
- Court of Appeal
- Case number
- CACV292/2018
The Court held that the IO has standing under s18(1)(c) BMO to enforce negative covenants in the DMC; the signboards were erected without the manager's written consent and therefore breached clauses 4(m), 10(a)(i),(iii) and 10(d) of the DMC; Clause 17 did not entitle the 1st respondent or its tenants to rely on rights reserved to the First Owner because no permission or license from the First Owner/successor was shown; equitable discretion did not bar injunctive relief; appeals dismissed and injunctions below affirmed.
- Deed of mutual covenant interpretation
- Restrictive covenants
- Locus standi (standing) under building management ordinance s18(1)(c)
- Injunctive relief
- Estoppel (attempted)
- Costs