Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Air-conditioning plant room

Legal area

Court

19 Jul 2006

THE INCORPORATED OWNERS OF MONG KOK COMMERCIAL CENTRE v. WISDOM PROFIT LTD

Citation

THE INCORPORATED OWNERS OF MONG KOK COMMERCIAL CENTRE v. WISDOM PROFIT LTD
Court

Court of Appeal
Case number

CACV342/2005

The air-conditioning plant room is part of the common parts (properly characterised as a machine room or designated for common use) under the DMC and, even if physically forming part of the roof structure, is excluded from the 'said roof' allocated to the First Owner; accordingly the Lands Tribunal's declaration that the room forms part of the common parts was correct and the appeal is dismissed.
30 Sept 2005

THE INCORPORATED OWNERS OF MONG KOK COMMERCIAL CENTRE v. WISDOM PROFIT LTD

Citation

THE INCORPORATED OWNERS OF MONG KOK COMMERCIAL CENTRE v. WISDOM PROFIT LTD
Court

Lands Tribunal
Case number

LDBM4/2005

The Tribunal has jurisdiction under s8(9) Lands Tribunal Ordinance to determine disputes arising under the Deed of Mutual Covenant and to grant declaratory reliefs; section 45(3) BMO did not bar the declarations sought on the facts; the air-condition plant room was a common part and excluded from the Assignment, and the declaration as to that room is granted; the parapet walls were within the boundary of the Assignment and conveyed to the purchaser and the declaration as to parapet walls is refused; application to transfer to the High Court refused; costs ordered to be no order.