Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Change of character

Legal area

Court

28 Aug 1997

THE INCORPORATED OWNERS OF HAMILTON MANSION v. YU KIEM CHIU AND ANOTHER

Citation

THE INCORPORATED OWNERS OF HAMILTON MANSION v. YU KIEM CHIU AND ANOTHER
Court

Lands Tribunal
Case number

LDBM57/1997

Operation of guesthouses and the photo‑studio constituted use otherwise than for private residential purposes and thus breached Clause 9(K) of the DMC; there was no complete or substantial change in character of the upper floors so the covenant remained enforceable; acquiescence and estoppel defences failed because prior tolerance was insufficient to make enforcement inequitable and the chairman's personal acts were not imputable to the incorporated owners; injunctions were therefore granted.
28 Aug 1997

THE INCORPORATED OWNERS OF HAMILTON MANSION v. CO-ASIA PROPERTIES LTD

Citation

THE INCORPORATED OWNERS OF HAMILTON MANSION v. CO-ASIA PROPERTIES LTD
Court

Lands Tribunal
Case number

LDBM59/1997

Operating guesthouses and the photo studio constituted breaches of Clause 9(K) of the DMC because those flats were not used as private residences; there was no complete or substantial change in the character of the building that destroyed the object of the covenant; prior tolerance and management forbearance did not amount to acquiescence or estoppel sufficient to bar relief; the chairman's personal acts were not imputable to the incorporated owners; accordingly injunctions should be granted to enforce the DMC.