Valiant Management Services Ltd. v. Ho Kwai Yee

Valiant Management Services Ltd. v. Ho Kwai Yee

The DMC expressly classified central air-conditioning as a provided common facility and management expense; consequently the owner was contractually liable to pay the full management fees inclusive of air-conditioning charges. The ex-manager lacked locus standi under the Building Management Ordinance, so its application was dismissed. The present manager was entitled to judgment for the quantified arrears, continuing monthly charges, interest and solicitor-and-client costs pursuant to the DMC.

Citation
Valiant Management Services Ltd. v. Ho Kwai Yee
Parties
Applicant (ex Manager): Valiant Management Services Limited; Applicant (present Manager): Jones Lang LaSalle Management Services Limited; Respondent (owner of Workshop G): Ho Kwai Yee
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
2 August 2000
Case Number
LDBM123/2000
Procedural Posture
Building Management Application (lands Tribunal) / Judgment Delivered (final Determination)
Outcome
Application of ex-manager dismissed; judgment entered for present manager Jones Lang LaSalle Management Services Limited for specified sums, continuing monthly charges, interest and solicitor-and-client costs.
Legal Topics
Deed of Mutual Covenant, Management Fees, Central Air Conditioning, Locus Standi, Costs on Solicitor and Own Client Basis, Interest on Judgment Debt
Source Language
ET
Building Management Land Law Contract Law Civil Procedure Deed of Mutual Covenant Management Fees Central Air Conditioning Locus Standi +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Valiant Management Services Limited

Applicant (ex Manager)

Jones Lang LaSalle Management Services Limited

Applicant (present Manager)

Ho Kwai Yee

Respondent (owner of Workshop G)

Procedural Posture

Building Management Application (lands Tribunal) / Judgment Delivered (final Determination)

Legal Issues

  1. 1 Whether the owner is liable under the DMC to pay management fees that include central air-conditioning charges
  2. 2 Whether the ex-manager had locus standi to bring the application in the Lands Tribunal
  3. 3 Entitlement to interest and costs on a solicitor and own client basis under the DMC

Ratio Decidendi

The DMC expressly classified central air-conditioning as a provided common facility and management expense; consequently the owner was contractually liable to pay the full management fees inclusive of air-conditioning charges. The ex-manager lacked locus standi under the Building Management Ordinance, so its application was dismissed. The present manager was entitled to judgment for the quantified arrears, continuing monthly charges, interest and solicitor-and-client costs pursuant to the DMC.

Court Disposition

Application of ex-manager dismissed; judgment entered for present manager Jones Lang LaSalle Management Services Limited for specified sums, continuing monthly charges, interest and solicitor-and-client costs.

Orders

  • Application of ex-manager (Valiant Management Services Limited) dismissed
  • Judgment for Jones Lang LaSalle Management Services Limited in the sum of $106,513.02