11 Feb 2014
THE INCORPORATED OWNERS OF HONG KONG MANSION, CAUSEWAY BAY v. BOTHLINK LTD
- Citation
- THE INCORPORATED OWNERS OF HONG KONG MANSION, CAUSEWAY BAY v. BOTHLINK LTD
- Court
- Court of Appeal
- Case number
- CACV184/2012
The factual matrix (approved building plans, occupation permit, exclusion from gross floor area calculations, lack of access to lower levels and the design purpose to house lift overrun and machinery) showed that both upper and lower levels of the two rooftop structures were intended as enclosures for lift machinery and therefore common parts; the developer did not reserve the lower levels in 1966 and thus could not validly assign them in 1981, so the appellant has no title and the appeal is dismissed.