Thorogood Estates Ltd v Robinson Heights (IO)

Thorogood Estates Ltd v Robinson Heights (IO) ([2012] HKEC 201) (later overturned by the Court of Appeal) concerned the liability of T to contribute to the cost of repairs and renovations at Robinson Heights. T owned the garages on the upper and lower ground floors. It argued that the DMC only required it to contribute to costs attributable to the garage area and not the much larger costs of repairs to the building as a whole. The Lands Tribunal applied the well-known principles of construction of agreements generally and DMCs in particular. The judge saw no sign that the intention of the parties to the DMC had been that the liability of the garage owners should be limited purely to expenses associated with the garage areas. The factual matrix included the layout of the building. There were lifts in each block going directly from the residential areas to the common parts. Preparation of a budget was not a sine qua non for liability to pay.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


%d bloggers like this: