17 May 2012
THE INCORPORATED OWNERS OF ESTORIL COURT v. CHEER RICH ENTERPRISES LTD
- Citation
- THE INCORPORATED OWNERS OF ESTORIL COURT v. CHEER RICH ENTERPRISES LTD
- Court
- Lands Tribunal
- Case number
- LDBM41/2010
The Tribunal accepted that only the vehicle encroaching adjacent to parking space 46A gave rise to a prima facie breach of the DMC and that the IO's warnings were insufficient, so an injunction was granted ordering the IO to take action within 28 days to have the vehicle moved. The respondent failed to prove prima facie breaches in respect of demolished partition walls, lift lobby renovation, conversion of Reserved Space into additional carparks, and conversion of common areas into driver waiting rooms/storerooms/caf e9s because either the acts were within IO discretion, lacked evidence of st…