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SCMP Reporter

The owners of two flats in the ultra luxury residence, The Highcliff, may not knock down the partition wall between the flats because the wall is a common area, a judge at the Court of First Instance  has ruled. 
The court yesterday heard an application by the management company of the 75-storey residential tower on Stubbs Road in Mid-Levels for a restraining order against the owners, Light Field Investment  and Way Vision Investments.  
Deputy Judge Louis Chan Kong-yiu  said the partition wall belonged to a common area under the Building Management Ordinance.  
Under the deed of mutual covenant,  the plaintiff, Central Management,  has the right to enter the flats to conduct repairs and maintenance, and replace the common area.
The court was told that the companies bought two units, flats A and B, on the 53th floor of The Highcliff in 2007 for HK$133 million.
A provisional agreement was made in July 2007 and the transaction was completed in September. 
The defendants claimed that the Buildings Department  had approved their application for removing the partition wall, the court was told.
They made a counter-claim on Highcliff Investment  for HK$1.52 million, saying that the plaintiff had agreed to their request to remove the wall after their purchase. But the judge dismissed their action, ruling that there was no misrepresentation during the purchase. 
He also ordered the defendants to pay the cost for the hearing. 
The Highcliff, built by the Central Developments,  comprises 109 flats  of 3,676 to 3,816 sq ft and four penthouse units covering 7,429 sq ft  each. 
Highcliff rises 252.4 metres and dwarfs the surrounding low-rise blocks.
It commands 360-degree views over Happy Valley, Victoria Harbour and Island South.



Partition wall to stay, court tells flat owners