17 Nov 2023
THE INCORPORATED OWNERS OF WING FAI BUILDING v. CHAN YUN CHOI AND ANOTHER
- Citation
- [2023] HKLdT 65
- Court
- Lands Tribunal
- Case number
- LDBM29/2020
On the facts the respondents had permitted and/or adopted the UBWs and adopted the three Alterations; the UBWs breached clause 4(m) of the DMC; the Alterations unreasonably interfered with use of common parts and breached s.34I(1)(b) BMO (deemed breach of the DMC); respondents are liable and a mandatory injunction is granted requiring removal/reinstatement of Alterations A & B within 60 days; however the applicant failed to prove causation and increased costs for waterproofing works and the claimed damages of HKD 214,000 are dismissed.