25 May 2023
LI CHUN BON AND ANOTHER v. CHINA MOBILE HONG KONG CO LTD
- Citation
- [2023] HKDC 466
- Court
- District Court
- Case number
- DCCJ617/2017
The 2/F Assignment and the DMC granted 2/F Owner exclusive use, occupation and enjoyment of the main roof (including inner parapet sides and staircase enclosure) such that the defendant’s equipment was installed on 2/F Owner’s property; therefore no trespass to common parts under s34I Cap 344. The plaintiffs failed to prove actionable nuisance (no well‑founded danger, insufficient interference, insufficient evidence tying certain wires to defendant). Prior settlement argument could not be raised in closing without pleading. Accordingly the plaintiffs’ claims are dismissed and costs are ordere…