20 Dec 2023
THE INCORPORATED OWNERS OF GOLDEN INDUSTRIAL BUILDING v. YEE LIM INVESTMENT COMPANY LTD
- Citation
- [2023] HKCFI 3314
- Court
- Court of First Instance
- Case number
- HCA1126/2021
The DMC's definition of Common Areas, read in context and with reference to the Layout and BD Plans and the Government Grant, includes the First Floor loading/unloading bays; Special Conditions require provision of such spaces for common use so private ownership would defeat their purpose; Schedule 2's absence of a management fee entry for loading/unloading bays supports their common status; estoppel/acquiescence and laches defenses failed on the evidence; accordingly the Subject Loading/Unloading Bays are common parts and the registered owner must deliver up vacant possession; statutory and…