30 Sept 2005
THE INCORPORATED OWNERS OF MONG KOK COMMERCIAL CENTRE v. WISDOM PROFIT LTD
- Citation
- THE INCORPORATED OWNERS OF MONG KOK COMMERCIAL CENTRE v. WISDOM PROFIT LTD
- Court
- Lands Tribunal
- Case number
- LDBM4/2005
The Tribunal has jurisdiction under s8(9) Lands Tribunal Ordinance to determine disputes arising under the Deed of Mutual Covenant and to grant declaratory reliefs; section 45(3) BMO did not bar the declarations sought on the facts; the air-condition plant room was a common part and excluded from the Assignment, and the declaration as to that room is granted; the parapet walls were within the boundary of the Assignment and conveyed to the purchaser and the declaration as to parapet walls is refused; application to transfer to the High Court refused; costs ordered to be no order.