9 Dec 2016
THE INCORPORATED OWNERS OF YUE SUN MANSION v. LAKE SIDE ELDERLY CENTRE LIMITED
- Citation
- THE INCORPORATED OWNERS OF YUE SUN MANSION v. LAKE SIDE ELDERLY CENTRE LIMITED
- Court
- Lands Tribunal
- Case number
- LDBM26/2015
The Tribunal found as a fact that the dominant or primary use of the Premises, whether described as a RCHE or RCHD, is to provide residential accommodation (residential/home setting) with care ancillary; accordingly that use is domestic and not a permitted non-domestic use under the OP and falls within the prohibition in the Government Lease and Clause 10(c) of the DMC; breach of the Government Lease is illegal under the Summary Offences Ordinance and the intended use was likely to cause nuisance or annoyance to other occupiers, making a quia timet injunction necessary; the application for re…