20 Aug 2021
HARRIMAN MANAGEMENT SERVICES LTD v. LAM CHI KEUNG
- Citation
- [2021] HKLdT 52
- Court
- Lands Tribunal
- Case number
- LDBM363/2014
The Tribunal found on the balance of probabilities that certain works (wooden fencing on parapet, metallic door frame at Location A, sealing of opening at B, concrete structure at C, damage/removal of waterproof membrane, water basin at F, and blocking of surface channel at C) involved common parts and breached the DMC and s.34I; the Tribunal accepted that senior Wheelock management made representations and the respondent reasonably relied on them; applying equitable discretion and considering reliance, approvals by Building Authority, absence of demonstrated harm and failure of applicant to…