27 Aug 2014
THE INCORPORATED OWNERS OF GORDON TERRACE v. SHEN YANG LIEN AND ANOTHER
- Citation
- THE INCORPORATED OWNERS OF GORDON TERRACE v. SHEN YANG LIEN AND ANOTHER
- Court
- Lands Tribunal
- Case number
- LDBM291/2011
Judge found waterproofing layer on 6A Flat Roof is a common part falling within BMO Schedule 1 (fixture protecting other parts), the respondents had installed the Elevated Roof prior to March 2005 which damaged and cracked the original waterproofing layer causing seepage, the imposition of the Elevated Roof was the effective cause of the seepage (novus actus by respondents), therefore applicant is responsible for long term maintenance but not liable for this seepage, respondents' counterclaim for damages is dismissed, and judgment entered for applicant on monetary claim and injunctive relief…