13 Aug 2024
THE INCORPORATED OWNERS OF HUNG WAI BUILDING v. SUNNY ELEGANT LTD AND OTHERS
- Citation
- [2024] HKLdT 67
- Court
- Lands Tribunal
- Case number
- LDBM76/2019
Leave to appeal and stay were dismissed because the Tribunal found no arguable error of law: the Disputed Areas were correctly held to be common parts at the time of the DMC based on clear DMC wording, BMO provisions, approved building plans and design, and post-DMC physical changes or unified ownership do not alter the status; therefore the statutory tests for leave and for stay (reasonable prospect of success or other justice reason) were not met.