16 Feb 2023
安達工業大廈業主立案法團 對 TANDON TRADING LTD
- Citation
- [2023] HKLdT 10
- Court
- Lands Tribunal
- Case number
- LDBM103/2020
The Tribunal found the underground drains were common parts and applicant had lawfully given reasonable notice to require access under DMC clause 3(e) and BMO s40; the external walls, fire‑separation wall and passages affected were common parts and the additions constituted unauthorised structural alterations and unlawful use of common parts in breach of DMC clause 10(a) and BMO s34I; acquiescence did not absolve respondent; accordingly mandatory orders compelling entry for repair and removal and restoration of the unauthorised works were appropriate and granted with costs against respondent.