25 Jun 2007
THE INCORPORATED OWNERS OF SHAN KWONG TOWERS PHASE II v. LI SUET CHING
- Citation
- THE INCORPORATED OWNERS OF SHAN KWONG TOWERS PHASE II v. LI SUET CHING
- Court
- Lands Tribunal
- Case number
- LDBM290/2006
The enlargement of the window by chiselling the external wall constituted a structural alteration and breached Clause 10(a) of the DMC; the current owner is liable as owner for the time being. However, a mandatory injunction to reinstate was refused in the exercise of discretion because there was no evidence of grave future damage, the alteration was longstanding (over 11 years) and not widely observable, the cost of reinstatement would be disproportionate to the benefit, and the Applicant delayed enforcement; a declaration of breach and a prohibitory injunction were appropriate remedies toge…