27 Jun 2008
WING MING GARMENT FACTORY LTD v. THE INCORPORATED OWNERS OF WING MING INDUSTRIAL CENTRE AND ANOTHER
- Citation
- WING MING GARMENT FACTORY LTD v. THE INCORPORATED OWNERS OF WING MING INDUSTRIAL CENTRE AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV27/2008
The Court held that the areas marked VOID adjacent to original car parks 2,3 and 4 are common parts for purposes of the DMC and land grant; therefore the pipe did not trespass on the plaintiff's exclusive property and the trespass/loss of rental claim fails; the plaintiff's erection of the enclosing wall and redesignation of VOID areas lacked required consents (co‑owners and land‑grant consent) and interfered with common facilities, justifying a mandatory injunction to demolish the wall and reinstate the original car parks; the first defendant's management fees claim was supported by the stat…