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LDBM 75/2019
LDBM 151/2020
LDBM 152/2020
(Consolidated)
[2025] HKLdT 7
IN THE LANDS TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
BUILDING MANAGEMENT APPLICATION NO 75 OF 2019
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BETWEEN
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PAKATOWER LIMITED
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Applicant
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and
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THE INCORPORATED OWNERS OF
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Respondent
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TRANSPORT CITY BUILDING
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IN THE LANDS TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
BUILDING MANAGEMENT APPLICATION NO 151 OF 2020
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BETWEEN
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交通城大廈業主立案法團
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Applicant
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and
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PAKATOWER LTD
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Respondent
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IN THE LANDS TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
BUILDING MANAGEMENT APPLICATION NO 152 OF 2020
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BETWEEN
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交通城大廈業主立案法團
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Applicant
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and
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PAKATOWER LTD
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Respondent
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(LDBM 75/2019, LDBM 151/2020 and LDBM 152/2020 are consolidated and thereafter be carried on as one action by name of LDBM 75/2019, pursuant to the Order made by His Honour Judge M Wong on
16 November 2020)
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Before:
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Her Honour Judge Michelle Lam, Presiding Officer of the Lands Tribunal
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Dates of Trial:
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15-19, 23-24 January 2024 and 28 March 2024
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Date of Applicant’s Supplementary Closing Submissions:
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18 April 2024
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Date of Respondent’s Supplemental Closing Submissions:
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9 May 2024
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Date of Handing Down of Judgment:
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3 March 2025
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J U D G M E N T
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BACKGROUND
1.
This is a building management case concerning Transport City Building, which is situated at 1-7 Shing Wan Road, Tai Wai, Shatin, New Territories (“Building”).
2.
The disputes between the parties involve various utilities rooms, accommodations, spaces under staircases and the external walls of the Building, which have (together with various other parts of the Building) been grouped under a single “Unit” described as “Others” (“Others Unit”) in the First Schedule (“First Schedule”) of the Deed of Mutual Covenant of the Building dated 1 November 1982 (“DMC”).
3.
The applicant (“Pakatower”) became the registered owner of the Others Unit in 1994 and is, at present, the registered owner of some parts of the Others Unit, which will be elaborated further below.
4.
The respondent (“IO”) is the incorporated owners of the Building which:-
(a) was formed and registered on or about 4 August 1993;
(b) took over the management of the Building on or about 15 April 1994;
(c) since 2012, the registered owner of the Roof Unit (“Roof Unit”) as described in the First Schedule.
THE BUILDING
5.
The Building is an industrial building comprising of ground floor to ninth floor and a roof. Occupation Permit of it was issued on 14 July 1982. On 15 September 1982, Kent Long Investment Limited (“First Owner”)
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