Owner refusing to allow access for repair works

In The Incorporated Owners of Tak Wing Industrial Building v Poon Chi Hung William ([2011] HKEC 1300, LT) the incorporated owners needed access to the flat roof of the building. PCH was the owner of the flat roof. He did not deny that the incorporated owners had a right to access the flat roof to carry out the repair works. The parties could not, however, agree as to the times of day and the number of days during which access should be available. The incorporated owners put forward their proposals in this regard and they were accepted by the court. The respondent had been supplied with copies of the quotation for the works and the relevant employee and third party liability insurance policies. He also sought to comment in detail on the works and the way they were to be carried out. This attempt almost to supervise the work was going too far and the Lands Tribunal decided that PCH was not entitled to this level of detailed information and involvement. The incorporated owners were granted a mandatory injunction allowing them access for the number of days and the times of day they had proposed for the purpose of carrying out the repair works.

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