22 Nov 2024
LANDTOWN GARDEN LTD v. THE INCORPORATED OWNERS OF FU NING GARDEN
- Citation
- [2024] HKDC 1920
- Court
- District Court
- Case number
- DCCJ569/2019
Court found water seepage occurred and objective ponding tests established the Rooftop (excluding the Expansion Joint and Skylights which were not tested) and the Membrane as sources at specified locations; on construction of the DMC and 1990 Assignment the Rooftop, Membrane, Water Tank and Pipes were held to be owned by the plaintiff; because the plaintiff owned those parts it had the maintenance duty under the DMC and was liable for unauthorised works and removal of the Water Tank and Pipes; consequentially the plaintiff's action was dismissed and the defendant's counterclaim for removal wa…