18 Sept 2015
聯基新樓業主立案法團 v. YAN YAN MOTORS LTD
- Citation
- 聯基新樓業主立案法團 v. YAN YAN MOTORS LTD
- Court
- Court of First Instance
- Case number
- HCSA13/2015
The DMC, properly construed, does not confer on the Developer exclusive possession or the exclusive right to the use, occupation or enjoyment of the External Walls; the rights in clause 3 are limited to erection/installation/display purposes and do not amount to the full set of rights constituting exclusivity, so the Developer is not solely liable under BMO s34H and the Deputy Adjudicator did not err in law or in placing burden of proof; accordingly the appeals are dismissed.