28 Jul 2009
THE INCORPORATED OWNERS OF HONG LEONG INDUSTRIAL COMPLEX AND ANOTHER v. HL RESOURCES LTD AND ANOTHER
- Citation
- THE INCORPORATED OWNERS OF HONG LEONG INDUSTRIAL COMPLEX AND ANOTHER v. HL RESOURCES LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2572/2005
The waterproofing layer/system is an installation and fixture intended for the use and benefit of all owners and therefore a common part under section 2 and Schedule 1 of the Building Management Ordinance; consequently the manager was entitled to apply management fund for its repair and the plaintiffs' claims for recovery fail. Clause (j) did not grant the developer an exclusive right to the external wall for s34H to apply, so the 1st defendant was not statutorily liable for those expenses.