HOSE SPECIALIST LTD v. YAN YUET MEI

HOSE SPECIALIST LTD v. YAN YUET MEI

On the balance of probabilities the Respondent was a representative of the manager (Yick Tat) and not the secretary in her personal capacity; Clause 8.1.4 of the DMC and Schedule 3 of the BMO are different, non‑conflicting modes to convene meetings; Applicant failed to establish the Respondent's status and had no justification to commence proceedings, therefore Applicant must pay Respondent's costs.

Citation
HOSE SPECIALIST LTD v. YAN YUET MEI
Parties
Owner (58 of 99 Undivided Shares): Applicant; Manager's Representative / Claimed Secretary of Management Committee: Respondent
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
12 February 2010
Case Number
LDBM82/2009
Procedural Posture
Application Under Building Management Ordinance and Deed of Mutual Covenant / Judgment at First Instance (disposal on Costs)
Outcome
Applicant's claim against the Respondent dismissed; Applicant to pay Respondent's costs
Legal Topics
Deed of Mutual Covenant, Building Management Ordinance (bmo), Management Committee Secretary, Owners Meeting, Costs Order
Source Language
EN
Property Law Building Management Civil Procedure (costs) Deed of Mutual Covenant Building Management Ordinance (bmo) Management Committee Secretary Owners Meeting Costs Order

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 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Applicant

Owner (58 of 99 Undivided Shares)

Respondent

Manager's Representative / Claimed Secretary of Management Committee

Procedural Posture

Application Under Building Management Ordinance and Deed of Mutual Covenant / Judgment at First Instance (disposal on Costs)

Legal Issues

  1. 1 Whether Applicant was entitled to request an owners meeting under Clause 8.1.4 of the DMC
  2. 2 Whether the Respondent was the secretary of the management committee or merely a representative of the manager
  3. 3 Whether paragraph 1(2) of Schedule 3 of the BMO overrides Clause 8.1.4 of the DMC

Ratio Decidendi

On the balance of probabilities the Respondent was a representative of the manager (Yick Tat) and not the secretary in her personal capacity; Clause 8.1.4 of the DMC and Schedule 3 of the BMO are different, non‑conflicting modes to convene meetings; Applicant failed to establish the Respondent's status and had no justification to commence proceedings, therefore Applicant must pay Respondent's costs.

Court Disposition

Applicant's claim against the Respondent dismissed; Applicant to pay Respondent's costs

Orders

  • Applicant to pay Respondent's costs of the application to be taxed on District Court Scale with Certificate for Counsel if not agreed