28 Aug 1997
THE INCORPORATED OWNERS OF HAMILTON MANSION v. CO-ASIA PROPERTIES LTD
- Citation
- THE INCORPORATED OWNERS OF HAMILTON MANSION v. CO-ASIA PROPERTIES LTD
- Court
- Lands Tribunal
- Case number
- LDBM59/1997
Operating guesthouses and the photo studio constituted breaches of Clause 9(K) of the DMC because those flats were not used as private residences; there was no complete or substantial change in the character of the building that destroyed the object of the covenant; prior tolerance and management forbearance did not amount to acquiescence or estoppel sufficient to bar relief; the chairman's personal acts were not imputable to the incorporated owners; accordingly injunctions should be granted to enforce the DMC.