Incorporated owners caught in the middle of a dispute between neighbours

In Kai Hing Metal Products Factory Co Ltd v Incorporated Owners of Sunderland Estate ([2011] HKEC 1580, LT) K parked three cars in a space intended for one car. H, a neighbour, objected since it meant that even pedestrian access to its apartment building was sometimes obstructed. H brought proceedings against the Incorporated Owners seeking an injunction  requiring the Incorporated Owners to take action in respect of the triple parking. This was settled and as part of a settlement railings were erected that ensured pedestrian access but reduced the possibility of using K’s space for parking more than one car. K then brought proceedings against the Incorporated Owners seeking an injunction requiring the railings to be removed and various declarations. The Lands Tribunal ordered the removal of the railings (since K had not had the opportunity to argue her case for triple parking) but refused to grant all of the other orders sought. This was because K did not come with clean hands (it seems that this conclusion was reached because of her triple parking and disregard for the interests of her neighbours).

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