13 Jan 1995
NGAN CHOR YING ANN and Another v. YEAR TREND DEVELOPMENT LTD. and Another
- Citation
- NGAN CHOR YING ANN and Another v. YEAR TREND DEVELOPMENT LTD. and Another
- Court
- Court of First Instance
- Case number
- HCA10337/1994
The High Court holds that the Building Management Ordinance and its Tenth Schedule do not, by express words or necessary implication, vest exclusive jurisdiction in the Lands Tribunal; accordingly the High Court retains jurisdiction to enforce a deed of mutual covenant and grants declaratory relief and an injunction restraining the defendants from operating a real estate agency in shops 17 and 18 because the defendants knowingly took the commercial risk of breaching the covenant and damages are inadequate.