30 Apr 2021
永利工業大廈業主立案法團 對 順隆置業有限公司
- Citation
- [2021] HKLdT 26
- Court
- Lands Tribunal
- Case number
- LDBM122/2019
The external wall facing Evans Street is a common part of the building; the respondent did not acquire ownership or exclusive use rights by reference to saleable area language or plans; the sign and stored goods breached the Deed of Mutual Covenant and the sign constituted unauthorised building works and a safety risk; acquiescence, waiver or estoppel did not bar the applicant's relief. Remedy: declaratory relief and mandatory removal with restoration and prohibition on future obstruction.