15 Sept 2015
GREEN & GRACE LTD v. INCORPORATED OWNERS OF WANG LUNG INDUSTRIAL BUILDING AND ANOTHER
- Citation
- GREEN & GRACE LTD v. INCORPORATED OWNERS OF WANG LUNG INDUSTRIAL BUILDING AND ANOTHER
- Court
- Lands Tribunal
- Case number
- LDBM158/2014
The developer was held to have an unqualified exclusive right to use and enjoy the external walls under the DMC and the assignment; accordingly s.34H of the Building Management Ordinance applied, rendering DMC provisions that purported to relieve the developer of the maintenance obligation inconsistent and void, so the developer must bear repair costs and the applicant was not liable to contribute; consequently the registered Memorandum of Charge against the applicant was discharged.