27 Feb 2006
THE INCORPORATED OWNERS OF WAH TAT INDUSTRIAL CENTRE v. YICK FUNG HOLDINGS LTD
- Citation
- THE INCORPORATED OWNERS OF WAH TAT INDUSTRIAL CENTRE v. YICK FUNG HOLDINGS LTD
- Court
- Court of First Instance
- Case number
- HCA4580/2003
The court held that, on proper construction of the First Assignment and the DMC (excluding the ineffective Additions), the Passageway and the whole BTM Room (both Yellow and Orange Portions) and the Transformer Room and the Transformer Room Extension are common parts; the Additions to the DMC was ineffectual without the first purchaser's consent; CP41 & 42 were voluntarily abandoned and rendered common; the defendant is entitled to exclusive possession of the Exterior Walls; the defendant is not entitled to mesne profits for the occupied common parts and its broader counterclaims were dismiss…