13 Jan 2023
DONORA CO LTD v. THE INCORPORATED OWNERS OF TSUEN KAM CENTRE
- Citation
- [2023] HKCA 33
- Court
- Court of Appeal
- Case number
- CACV345/2021
The Court of Appeal held that the First Assignment was a relevant registered instrument which expressly reserved the outer/external walls to the Developer and that the DMC did not, on its proper construction, supersede that reservation; accordingly the external walls were not common parts for BMO purposes and the Developer (as holder of the exclusive right) is statutorily obliged under s34H BMO to maintain them; the judge's declarations that the walls were common and subdivided were set aside.