3 Dec 2004
SHINE EMPIRE LTD v. THE INCORPORATED OWNERS OF SAN PO KONG MANSION AND OTHERS
- Citation
- SHINE EMPIRE LTD v. THE INCORPORATED OWNERS OF SAN PO KONG MANSION AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA3444/2001
On construction of the Assignment and Deed of Mutual Covenant the Plaintiff owned the roof and the parapet walls; the 1st Defendant failed to prove adverse possession (no sufficient factual possession or animus possidendi); the grant of licences to install telecom equipment encroached on Plaintiff's property and amounted to trespass; the 1st Defendant was unjustly enriched by licence fees and Plaintiff is entitled to restitution/damages (quantum to be assessed).