8 Jan 2010
CENTRAL MANAGEMENT LTD v. LIGHT FIELD INVESTMENT LTD AND ANOTHER
- Citation
- CENTRAL MANAGEMENT LTD v. LIGHT FIELD INVESTMENT LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA440/2008
The structural part of the partition wall (shown in solid black on the plans) is a common area/facility under the DMC and a common part under the BMO; therefore the defendants could not lawfully remove or alter it merely by obtaining Building Authority approval or by reference to the colouring on sale plans; the developer did not make a misrepresentation inducing purchase as to entitlement to merge the units; accordingly a declaration and an injunction were granted and the third party claim dismissed.