17 Mar 2022
THE INCORPORATED OWNERS OF HUNG WAI BUILDING v. SUNNY ELEGANT LTD AND OTHER
- Citation
- [2022] HKCA 426
- Court
- Court of Appeal
- Case number
- CACV261/2021
The Lands Tribunal has jurisdiction to determine the applicant's claims concerning common parts under the DMC and BMO; section 45(3) BMO restricts the Tribunal only where both parties rely on contractual or proprietary rights arising from instruments registered in the Land Registry, and does not preclude the Tribunal from deciding disputes where a defendant relies on proprietary estoppel or other rights extraneous to registered instruments; accordingly there was no proper basis to transfer the proceedings to the High Court under section 8A LTO.