12 May 2017
THE INCORPORATED OWNERS OF FARADAY HOUSE v. SHINE WHEEL LTD
- Citation
- THE INCORPORATED OWNERS OF FARADAY HOUSE v. SHINE WHEEL LTD
- Court
- Lands Tribunal
- Case number
- LDBM95/2015
The Tribunal found the Adjacent Space formed part of the common parts, Memoran/Parkfair had no authority to grant a binding licence over common parts, the respondent's use breached the DMC and s.34I BMO, and the respondent failed to establish promissory estoppel or proprietary estoppel/acquiescence; accordingly the IO was entitled to mandatory and prohibitory injunctions to remove and restrain occupation of the Adjacent Space and recover costs.