16 Sept 2022
中僑貨倉大廈業主立案法團 對 新旺參茸藥業行有限公司
- Citation
- [2022] HKLdT 39
- Court
- Lands Tribunal
- Case number
- LDBM151/2019
Applicant's claim for damages is dismissed because the tribunal finds respondent's refusal to permit access was substantially justified: applicant repeatedly avoided committing to re-laying insulation/tiles removed by the works so did not satisfy clause 16's preconditions (minimise disturbance and make good damage); the respondent's insistence on a commitment was a lawful basis to withhold consent and the applicant therefore cannot recover the claimed delay costs.