梁淑兒 v. 鄭沛濂

梁淑兒 v. 鄭沛濂

The chairman is required to convene a requisitioned meeting within 14 days but is entitled to take reasonable verification steps within that limited time; in the circumstances the respondent's insistence on verification was not shown to be unreasonable and at least one defence was arguable, therefore the settlement was a concession but did not justify indemnity costs; each party must bear its own costs.

Citation
梁淑兒 v. 鄭沛濂
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
29 March 2004
Case Number
LDBM268/2003
Procedural Posture
Application Under Building Management Ordinance (request to Convene Owners' Meeting) / Post‑settlement Costs Application Before Lands Tribunal (judgment on Costs)
Outcome
Settlement recorded; applicant's requested meeting to be convened by respondent per settlement; costs ordered that each party bear its own costs.
Legal Topics
Requisitioned Owners' Meeting Under Building Management Ordinance, Chairman's Duty and Verification of Requisitions, Indemnity Versus Ordinary Costs, Joinder of Owners Incorporation
Source Language
EN
Property Law Building Management Law Civil Procedure Costs Law Requisitioned Owners' Meeting Under Building Management Ordinance Chairman's Duty and Verification of Requisitions Indemnity Versus Ordinary Costs Joinder of Owners Incorporation

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Procedural Posture

Application Under Building Management Ordinance (request to Convene Owners' Meeting) / Post‑settlement Costs Application Before Lands Tribunal (judgment on Costs)

Legal Issues

  1. 1 Whether the chairman's duty to convene a requisitioned meeting is qualified by a requirement to verify authenticity of requisition forms
  2. 2 Whether the respondent's conduct justified an award of costs on an indemnity basis
  3. 3 Whether the settlement constituted a concession and the proper allocation of costs

Ratio Decidendi

The chairman is required to convene a requisitioned meeting within 14 days but is entitled to take reasonable verification steps within that limited time; in the circumstances the respondent's insistence on verification was not shown to be unreasonable and at least one defence was arguable, therefore the settlement was a concession but did not justify indemnity costs; each party must bear its own costs.

Court Disposition

Settlement recorded; applicant's requested meeting to be convened by respondent per settlement; costs ordered that each party bear its own costs.

Orders

  • Each party shall bear its own costs.