THE INCORPORATED OWNERS OF KA WING BUILDING v. CHOW CHUI CHUI AND OTHERS

THE INCORPORATED OWNERS OF KA WING BUILDING v. CHOW CHUI CHUI AND OTHERS

The Main Deed of Mutual Covenant allocated specific undivided shares to units (one undivided share per defined unit/floor); subsequent subdivisions created by separate assignments and Sub-DMCs do not alter the number of units for the purposes of Schedule 11 and do not bind owners under the Main DMC; therefore the intended appeal has no reasonable prospect of success and leave to appeal is dismissed and a stay of execution is refused.

Citation
THE INCORPORATED OWNERS OF KA WING BUILDING v. CHOW CHUI CHUI AND OTHERS
Parties
1st Applicant (ldbm 299/2012); 1st Respondent (ldbm 108/2013): CHOW CHUI CHUI; 2nd Applicant (ldbm 299/2012); 2nd Respondent (ldbm 108/2013): LAM KAM CHUNG; 3rd Applicant (ldbm 299/2012); 3rd Respondent (ldbm 108/2013): CHU CHIT YAN; 4th Applicant (ldbm 299/2012); 4th Respondent (ldbm 108/2013): LEUNG CHUNG CHIU; 5th Applicant (ldbm 299/2012); 6th Respondent (ldbm 108/2013): CHAN HING CHUN; 6th Applicant (ldbm 299/2012); 7th Respondent (ldbm 108/2013): HO WAN FUN; 7th Applicant (ldbm 299/2012); Applicant (ldbm 108/2013): THE INCORPORATED OWNERS OF KA WING BUILDING; 1st Respondent (ldbm 299/2012): KAFULL INTERNATIONAL LIMITED; 2nd Respondent (ldbm 299/2012): CHAN SING HO; 3rd Respondent (ldbm 299/2012): FIRM HOME PROPERTIES LIMITED; 4th Respondent (ldbm 299/2012) (discontinued): AU NGO SUET; 5th Respondent (ldbm 299/2012): CHAINWILL INVESTMENT LIMITED; 6th Respondent (ldbm 299/2012): POLITFORD INVESTMENTS LIMITED; 5th Respondent (ldbm 108/2013) (acting in Person, Absent): LAU CHOR SANR
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
18 December 2014
Case Number
LDBM108/2013
Procedural Posture
Building Management Application / Decision on Interlocutory Applications: Leave to Appeal Under S11 AA and Stay of Execution
Outcome
Application for leave to appeal dismissed; application for stay of execution refused
Legal Topics
Deed of Mutual Covenant, Voting Rights Under Schedule 11, Undivided Shares, Quorum, Leave to Appeal, Stay of Execution, Interpretation of Deeds
Source Language
EN
Building Management Property Law Civil Procedure Appeal Procedure Deed of Mutual Covenant Voting Rights Under Schedule 11 Undivided Shares Quorum +3 more

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Parties

CHOW CHUI CHUI

1st Applicant (ldbm 299/2012); 1st Respondent (ldbm 108/2013)

LAM KAM CHUNG

2nd Applicant (ldbm 299/2012); 2nd Respondent (ldbm 108/2013)

CHU CHIT YAN

3rd Applicant (ldbm 299/2012); 3rd Respondent (ldbm 108/2013)

LEUNG CHUNG CHIU

4th Applicant (ldbm 299/2012); 4th Respondent (ldbm 108/2013)

CHAN HING CHUN

5th Applicant (ldbm 299/2012); 6th Respondent (ldbm 108/2013)

HO WAN FUN

6th Applicant (ldbm 299/2012); 7th Respondent (ldbm 108/2013)

THE INCORPORATED OWNERS OF KA WING BUILDING

7th Applicant (ldbm 299/2012); Applicant (ldbm 108/2013)

KAFULL INTERNATIONAL LIMITED

1st Respondent (ldbm 299/2012)

CHAN SING HO

2nd Respondent (ldbm 299/2012)

FIRM HOME PROPERTIES LIMITED

3rd Respondent (ldbm 299/2012)

AU NGO SUET

4th Respondent (ldbm 299/2012) (discontinued)

CHAINWILL INVESTMENT LIMITED

5th Respondent (ldbm 299/2012)

POLITFORD INVESTMENTS LIMITED

6th Respondent (ldbm 299/2012)

LAU CHOR SANR

5th Respondent (ldbm 108/2013) (acting in Person, Absent)

Procedural Posture

Building Management Application / Decision on Interlocutory Applications: Leave to Appeal Under S11 AA and Stay of Execution

Legal Issues

  1. 1 Whether subdivided units in the non-domestic portion can be treated as separate 'flats' for voting under Schedule 11
  2. 2 Whether subsequent subdivision and Sub-DMCs bind the Main DMC owners and change the number of units for voting
  3. 3 Whether the intended appeal has a reasonable prospect of success under s11AA Lands Tribunal Ordinance

Ratio Decidendi

The Main Deed of Mutual Covenant allocated specific undivided shares to units (one undivided share per defined unit/floor); subsequent subdivisions created by separate assignments and Sub-DMCs do not alter the number of units for the purposes of Schedule 11 and do not bind owners under the Main DMC; therefore the intended appeal has no reasonable prospect of success and leave to appeal is dismissed and a stay of execution is refused.

Court Disposition

Application for leave to appeal dismissed; application for stay of execution refused

Orders

  • Application for leave to appeal dismissed
  • Application for stay of execution refused