24 Nov 2009
INCORPORATED OWNERS OF FORTUNE MANSION, TSUEN WAN v. CHIU NG LING
- Citation
- INCORPORATED OWNERS OF FORTUNE MANSION, TSUEN WAN v. CHIU NG LING
- Court
- Lands Tribunal
- Case number
- LDBM97/2009
The disputed area is part of the common parts under the DMC and the BMO; the respondent converted and used it exclusively without owners' approval, thereby breaching section 34I(1); breaches by predecessors that are continuing bind successors under s.41(3) CPO; consequently a mandatory injunction ordering reinstatement of the partition wall and re-opening of the entrance and a prohibitory injunction restraining further exclusive use are warranted.