Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Assignment of flats
  • 21 May 1984

    CHIU SHU CHOI v. MERRILONG DYEING WORKS LTD

    Citation
    CHIU SHU CHOI v. MERRILONG DYEING WORKS LTD
    Court
    Court of First Instance
    Case number
    HCA4159/1983

    Reading the assignment together with the Deed of Mutual Covenant, which contemplates lift use and requires contribution to lift maintenance by upper-floor owners, the court inferred the common intention to reserve a right of way across the eighth floor from the lift to the nearest staircase for the benefit of the ninth floor; accordingly a declaration of that limited right of way was warranted though physical restoration was not ordered.