13 May 2025
LEUNG KIT SANG AND ANOTHER v. THE INCORPORATED OWNERS OF BLOCKS E AND E1 OF NORTH POINT VIEW MANSION
- Citation
- [2025] HKDC 787
- Court
- District Court
- Case number
- DCCJ3865/2021
The phrase ‘Ground Floors … in Block E and E1’ in the 1961 Assignment was construed to mean only the roofed‑over ground floor (the Covered Area) and not the surrounding open external area; the Open Area is common parts under the DMC and the Building Management Ordinance and the plaintiffs’ enclosure and Structure constitute unauthorized building works not exempt under s.41(3) of the Buildings Ordinance, entitling the incorporated owners to declarations, injunctions, demolition and nominal damages.