11 Nov 2008
TAI FONG TRADE LTD v. THE INCORPORATED OWNERS OF NOS.167 & 169 HOI BUN ROAD AND ANOTHER
- Citation
- TAI FONG TRADE LTD v. THE INCORPORATED OWNERS OF NOS.167 & 169 HOI BUN ROAD AND ANOTHER
- Court
- Lands Tribunal
- Case number
- LDBM1/2006
The waterproof membrane and the cement/sand screeding above it are common parts for which the owners' corporation (1st Respondent) bears a statutory duty to maintain and repair under section 18(1)(a); the concrete tile surface is the roof owner's (2nd Respondent) exclusive part and not a common part; the leakage was caused by aging/failure of the waterproof membrane rather than by the previously erected structures; accordingly the Applicant succeeds against the 1st Respondent (injunction and damages) and fails against the 2nd Respondent.