1 Nov 2005
PROVIDENT COMMERCIAL INVESTMENT LTD v. THE INCORPORATED OWNERS OF PROVIDENT CENTRE AND OTHERS
- Citation
- PROVIDENT COMMERCIAL INVESTMENT LTD v. THE INCORPORATED OWNERS OF PROVIDENT CENTRE AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV79/2005
The Lands Tribunal had jurisdiction to determine whether the areas were common parts because that requires interpretation of the DMC and plans; such interpretation does not amount to rendering void or substantially varying proprietary rights under s.45(3) BMO (rectification of plans is procedural and distinct from variation of rights); PCIL's jurisdictional challenge therefore failed; this court declined to order transfer to the Court of First Instance because PCIL did not ask the Tribunal to exercise its discretion to transfer, offered no explanation for that omission and there was no change…