GREAT SOURCE ENTERPRISE LTD v. 陳德明 AND OTHERS

GREAT SOURCE ENTERPRISE LTD v. 陳德明 AND OTHERS

Defendants imposed oppressive and unreasonable conditions that obstructed the plaintiff's statutory and contractual right under clause 58 of the DMC; that conduct amounted to gross negligence; because the plaintiff obtained substantially what he sought by receipt of duplicate tapes on 12 July 2005 the court awarded costs to the plaintiff up to that date, with no order as to costs between 12 and 28 July 2005, and ordered that costs from 28 July 2005 until discontinuance follow the normal rule and be paid by the plaintiff to the defendants.

Citation
GREAT SOURCE ENTERPRISE LTD v. 陳德明 AND OTHERS
Parties
Plaintiff; Owner of Unit B, 6th Floor, Block 2, 8 Yin Ping Road, Dynasty Heights: Plaintiff; Chairperson, 3rd Owners Committee (one of the Defendants): 1st Defendant; Members of the 3rd Owners Committee (including 2nd Defendant as Secretary): Defendants (2nd–11th)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 September 2010
Case Number
HCA1189/2005
Procedural Posture
Civil — Owners Committee / Access to Records Dispute / Costs Application Following Leave to Discontinue (post Discontinuance Costs Reserved)
Outcome
Costs partially awarded to the Plaintiff: costs up to 12 July 2005 to be paid by the Defendants; no order as to costs for period 12–28 July 2005; costs from 28 July 2005 to discontinuance to be paid by the Plaintiff to the Defendants.
Legal Topics
Costs of Discontinued Proceedings, Access to Corporate/committee Records, Deed of Mutual Covenant Interpretation, Indemnity and Undertaking Requirements, Gross Negligence of Committee Members
Source Language
EN
Civil Procedure Property Law Contract (deed of Mutual Covenant) Costs Law Costs of Discontinued Proceedings Access to Corporate/committee Records Deed of Mutual Covenant Interpretation Indemnity and Undertaking Requirements +1 more

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Parties

Plaintiff

Plaintiff; Owner of Unit B, 6th Floor, Block 2, 8 Yin Ping Road, Dynasty Heights

1st Defendant

Chairperson, 3rd Owners Committee (one of the Defendants)

Defendants (2nd–11th)

Members of the 3rd Owners Committee (including 2nd Defendant as Secretary)

Procedural Posture

Civil — Owners Committee / Access to Records Dispute / Costs Application Following Leave to Discontinue (post Discontinuance Costs Reserved)

Legal Issues

  1. 1 Whether owners are entitled to access and duplicates of owners' committee meeting tape recordings under clause 58 of the DMC
  2. 2 Whether the defendants' imposition of onerous undertakings and charges justified an award of costs to the plaintiff despite discontinuance
  3. 3 Whether the defendants' conduct amounted to gross negligence such that costs should follow the plaintiff despite general rule that costs follow the event

Ratio Decidendi

Defendants imposed oppressive and unreasonable conditions that obstructed the plaintiff's statutory and contractual right under clause 58 of the DMC; that conduct amounted to gross negligence; because the plaintiff obtained substantially what he sought by receipt of duplicate tapes on 12 July 2005 the court awarded costs to the plaintiff up to that date, with no order as to costs between 12 and 28 July 2005, and ordered that costs from 28 July 2005 until discontinuance follow the normal rule and be paid by the plaintiff to the defendants.

Court Disposition

Costs partially awarded to the Plaintiff: costs up to 12 July 2005 to be paid by the Defendants; no order as to costs for period 12–28 July 2005; costs from 28 July 2005 to discontinuance to be paid by the Plaintiff to the Defendants.

Orders

  • Costs of the action up to 12 July 2005 awarded to the Plaintiff and payable by the Defendants; to be taxed if not agreed.
  • No order as to costs for the period from 12 July 2005 to 28 July 2005.