2 Oct 2009
CHAN KWOK HING AND ANOTHER v. THE INCORPORATED OWNERS OF CHE WAH INDUSTRIAL BUILDING
- Citation
- CHAN KWOK HING AND ANOTHER v. THE INCORPORATED OWNERS OF CHE WAH INDUSTRIAL BUILDING
- Court
- District Court
- Case number
- DCCJ3781/2008
The court construed the 1st Assignment and the contemporaneous DMC together and found the developer reserved exclusive rights over the factory flats, roofs, flat roofs, car parking spaces and related parts; the First Aid Room was included in the allocation of undivided shares and therefore fell within the developer's reservation and passed by subsequent assignments to the Chans; the IO's factual reliance on long occupation, consent or acquiescence did not displace the plaintiffs' proprietary rights; the IO's legal claims in respect of the S-parking spaces and asserted easement/right of way un…