CHENG CHEUNG WANG v. LO HOI YUNG AND OTHERS

CHENG CHEUNG WANG v. LO HOI YUNG AND OTHERS

The High Court properly exercised inherent jurisdiction and s.40 to transfer and deal with hybrid proceedings where it had jurisdiction over an account claim; interlocutory orders by the High Court suspending committee powers were valid until trial; the District Court has exclusive power to make final orders under s.31 but the transfer and ultimate District Court orders were valid; a firm may be appointed administrator as a "person"; proxy voting provisions did not invalidate the court-ordered meeting arrangements; accordingly the appeals are dismissed.

Citation
CHENG CHEUNG WANG v. LO HOI YUNG AND OTHERS
Parties
Plaintiff (representative): Cheng Cheung Wang (on behalf of self and co-owners of 47 flats in Han Palace Building); 1st Defendant (member of Management Committee): Lo Hoi Yung; 2nd Defendant (member of Management Committee): Peter Law; 3rd Defendant (member of Management Committee): Katherine Wong; 4th Defendant (member of Management Committee): Hong Pik Yiu; 5th Defendant (member of Management Committee): John Law; 6th Defendant (owner and Alleged Member of Management Committee): Wong Ching (Madam Wong); 7th Defendant (company Alleged Connected to 6th Defendant): Sam Wo Brothers Co. Ltd
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
12 January 1988
Case Number
CACV45/1986
Procedural Posture
Civil Appeal (court of Appeal) / Final Judgment on Appeals (appeals Dismissed)
Outcome
Appeals dismissed in their entirety
Legal Topics
Dissolution of Management Committee, Appointment of Administrator, Jurisdiction Between High Court and District Court, Transfer of Proceedings (s.40 District Court Ordinance), Proxy Voting and Meetings Under Deed/ordinance, Indemnity Costs, Representative Actions
Source Language
EN
Property Law Statutory Interpretation Civil Procedure Company/administration Law Costs Law Dissolution of Management Committee Appointment of Administrator Jurisdiction Between High Court and District Court +4 more

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Parties

Cheng Cheung Wang (on behalf of self and co-owners of 47 flats in Han Palace Building)

Plaintiff (representative)

Lo Hoi Yung

1st Defendant (member of Management Committee)

Peter Law

2nd Defendant (member of Management Committee)

Katherine Wong

3rd Defendant (member of Management Committee)

Hong Pik Yiu

4th Defendant (member of Management Committee)

John Law

5th Defendant (member of Management Committee)

Wong Ching (Madam Wong)

6th Defendant (owner and Alleged Member of Management Committee)

Sam Wo Brothers Co. Ltd

7th Defendant (company Alleged Connected to 6th Defendant)

Procedural Posture

Civil Appeal (court of Appeal) / Final Judgment on Appeals (appeals Dismissed)

Legal Issues

  1. 1 Whether section 31 of the Multi-storey Buildings (Owners Incorporation) Ordinance confers exclusive jurisdiction on the District Court to dissolve a Management Committee and appoint an administrator and the effect on High Court interlocutory powers
  2. 2 Whether the High Court could properly transfer parts of the proceedings to the District Court under its inherent jurisdiction and s.40 of the District Court Ordinance
  3. 3 Whether a firm (Collier Petty) could be validly appointed as an administrator as a "person" under the Ordinance

Ratio Decidendi

The High Court properly exercised inherent jurisdiction and s.40 to transfer and deal with hybrid proceedings where it had jurisdiction over an account claim; interlocutory orders by the High Court suspending committee powers were valid until trial; the District Court has exclusive power to make final orders under s.31 but the transfer and ultimate District Court orders were valid; a firm may be appointed administrator as a "person"; proxy voting provisions did not invalidate the court-ordered meeting arrangements; accordingly the appeals are dismissed.

Court Disposition

Appeals dismissed in their entirety

Orders

  • Management Committee of Han Palace Building dissolved as from 23 November 1984
  • Collier Petty appointed Administrator as from 23 November 1984 and Collier Petty Limited substituted on incorporation; appointment to run until 31 December 1987 or further order