和富道銀輝大廈業主立案法團 對 許麗莉

和富道銀輝大廈業主立案法團 對 許麗莉

Applicant's evidence (documents and witness) established that the respondent, as registered owner, was bound by the registered deed and owners' resolutions to pay specified shares of the works; the arrears were correctly calculated from the deed schedule; costs of preparing and registering the memorandum of charge...

Source-derived case information.

Citation
[2024] HKLdT 89
Parties
Applicant: 和富道銀輝大廈業主立案法團 (THE INCORPORATED OWNERS OF NGAN FAI BUILDING, WHARF ROAD); Respondent: 許麗莉 (SHII LI LY)
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
1 November 2024
Case Number
LDBM63/2023
Procedural Posture
Building Management Application / Final Judgment
Outcome
Judgment for applicant; respondent ordered to pay maintenance contributions, registration costs, interest and costs
Legal Topics
Service Charges, Maintenance Contributions, Enforcement by Registration of Charge, Costs and Interest
Source Language
ch
Property Law Building Management Civil Procedure Conveyancing Enforcement Service Charges Maintenance Contributions Enforcement by Registration of Charge Costs and Interest

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Parties

和富道銀輝大廈業主立案法團 (THE INCORPORATED OWNERS OF NGAN FAI BUILDING, WHARF ROAD)

Applicant

許麗莉 (SHII LI LY)

Respondent

Procedural Posture

Building Management Application / Final Judgment

  1. 1 Whether respondent is liable to pay the ordered building maintenance contributions and related charges
  2. 2 Whether costs of preparing and registering memorandum of charge are recoverable from the defaulting owner
  3. 3 Whether respondent's personal hardship and alleged building defects constitute a legal defence

Ratio Decidendi

Applicant's evidence (documents and witness) established that the respondent, as registered owner, was bound by the registered deed and owners' resolutions to pay specified shares of the works; the arrears were correctly calculated from the deed schedule; costs of preparing and registering the memorandum of charge were occasioned by respondent's default and recoverable; respondent's personal hardship and unparticularised complaints did not amount to a legal defence; therefore judgment is entered for the applicant for the claimed sums with interest and costs.

Court Disposition

Judgment for applicant; respondent ordered to pay maintenance contributions, registration costs, interest and costs

Orders

  • Respondent shall pay applicant maintenance contribution sums totalling HKD 70,281
  • Respondent shall pay applicant costs for preparing and registering the memorandum of charge totalling HKD 7,000