31 Mar 2003
BUAPHAN WANLAYAPHOL AND ANOTHER v.THE INCORPORATED OWNERS of the FOREMOST BUILDING situate at 19-21 Jordan Road, Kowloon, Hong Kong AND ANOTHER
- Citation
- BUAPHAN WANLAYAPHOL AND ANOTHER v.THE INCORPORATED OWNERS of the FOREMOST BUILDING situate at 19-21 Jordan Road, Kowloon, Hong Kong AND ANOTHER
- Court
- Lands Tribunal
- Case number
- LDMP12/2002
The Tribunal found the external walls were not common parts because Clause 3(b) of the Deed of Mutual Covenant granted exclusive rights to the First Owner(s), and the Applicants failed to discharge the onus of showing the judgment arose from common parts; alternatively, even if the external walls were common parts, the Tribunal would refuse to exercise its discretion to grant leave because Applicants had not taken reasonable steps (notably winding up the incorporated owners) and it would be unjust to enforce the entire judgment against a single minor co-owner who was not culpable.