15 Jan 2014
TAI FAT DEVELOPMENT (HOLDING) CO. LTD v. THE INCORPORATED OWNERS OF GOLD KING INDUSTRIAL BUILDING
- Citation
- TAI FAT DEVELOPMENT (HOLDING) CO. LTD v. THE INCORPORATED OWNERS OF GOLD KING INDUSTRIAL BUILDING
- Court
- Court of First Instance
- Case number
- HCA104/2006
The DMC, read as a whole including its definitions and First Schedule which lists the 13 parking spaces under 'Loading and Unloading Areas', shows the parties intended those 13 spaces to be common areas for loading/unloading; accordingly the main claim for possession by Tai Fat fails, the IO's primary declaration that the 13 parking spaces are common areas succeeds, but claims to set aside tenancies and recover prior rents fail (no mutual mistake affecting indivisible contracts and limitation/locus obstacles).