14 Dec 2018
SINO CHANNEL HOLDINGS LTD v. VAST FAITH INVESTMENT LTD
- Citation
- [2018] HKLdT 95
- Court
- Lands Tribunal
- Case number
- LDBM211/2015
The Tribunal held that, on a purposive and contextual construction of the DMC and Walls Assignment, the term 'exterior side walls' includes all four exterior sides of the building including the facades (front and back). The DMC was poorly drafted and inconsistent terminology must be read in the commercial and factual matrix prevailing at execution; therefore Sino Channel is entitled to exclusive use, occupation and enjoyment of those exterior walls and associated rights in the DMC; late evidence was admitted and used in construing the instrument.