3 Oct 2016
THE INCORPORATED OWNERS OF KAM TAO, NGAN TAO AND HOI TAO BUILDINGS v. DURAPROGRESS LTD
- Citation
- THE INCORPORATED OWNERS OF KAM TAO, NGAN TAO AND HOI TAO BUILDINGS v. DURAPROGRESS LTD
- Court
- Lands Tribunal
- Case number
- LDBM300/2015
The Walls surrounding the Yard are external/exterior walls and common parts; the Canopies, being visible from above and covering an originally open yard, altered the appearance of the building and extended to the exterior; a negative covenant in the DMC binds successors-in-title so the respondent is liable for all Canopies; erection of the Canopies breached Clause 4(m)(i)&(ii) of the DMC and section 34I of the BMO; accordingly mandatory and prohibitory injunctions were granted to remove and prevent reinstallation of the Canopies.