13 Dec 2002
LEUNG PING v. CHENG PAN
- Citation
- LEUNG PING v. CHENG PAN
- Court
- District Court
- Case number
- DCCJ466/2002
The court held that although the cockloft was an illegal structure, the plaintiff remained the rightful owner of the space and could enforce his proprietary rights; the defendant committed trespass and nominal damages were awarded; the counterclaim under clause 8 of the 1958 DMC failed because the plaintiff was not a party or successor to the DMC and there was no proof of structural alteration or damage to a main wall; costs awarded to the successful parties on the usual basis and indemnity costs denied.