LAM CHEUK TING AND OTHERS v. LAI KWOK LEUNG AND ANOTHER

LAM CHEUK TING AND OTHERS v. LAI KWOK LEUNG AND ANOTHER

Because the 1st respondent gave an undertaking to convene the general meeting which was complied with, the applicants effectively succeeded on their primary relief and are therefore entitled to costs; both the 1st and 2nd respondents, who shared the same stance and legal representation, were ordered to pay the applicants' costs (including the interlocutory costs), to be taxed if not agreed.

Citation
LAM CHEUK TING AND OTHERS v. LAI KWOK LEUNG AND ANOTHER
Parties
1st Applicant: Lam Cheuk Ting; 2nd Applicant: Lai Chan Si Josephine; 3rd Applicant: Owen Oi Ming Emily; 4th Applicant: Cho Kim Ying; 1st Respondent: Lai Kwok Leung; 2nd Respondent: Incorporated Owners of Garden Vista
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
20 September 2017
Case Number
LDBM297/2015
Procedural Posture
Building Management Application (lands Tribunal) / Decision on Costs After Discontinuance
Outcome
Applicants awarded costs against respondents
Legal Topics
Convening General Meeting Under Schedule 3 Paragraph 1(2) of the Building Management Ordinance, Dissolution of Management Committee Under Section 31 of the Building Management Ordinance, Undertakings and Discontinuance, Costs Entitlement Following Concession
Source Language
EN
Building Management Civil Procedure Costs Tribunal Practice Convening General Meeting Under Schedule 3 Paragraph 1(2) of the Building Management Ordinance Dissolution of Management Committee Under Section 31 of the Building Management Ordinance Undertakings and Discontinuance Costs Entitlement Following Concession

Case Brief

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Parties

Lam Cheuk Ting

1st Applicant

Lai Chan Si Josephine

2nd Applicant

Owen Oi Ming Emily

3rd Applicant

Cho Kim Ying

4th Applicant

Lai Kwok Leung

1st Respondent

Incorporated Owners of Garden Vista

2nd Respondent

Procedural Posture

Building Management Application (lands Tribunal) / Decision on Costs After Discontinuance

Legal Issues

  1. 1 Whether applicants were 'winners' entitled to costs after respondents' undertaking and compliance
  2. 2 Whether the two reliefs sought were primary and alternative or separate claims
  3. 3 Whether the alternative relief for dissolution was doomed to fail for failure to join individual committee members

Ratio Decidendi

Because the 1st respondent gave an undertaking to convene the general meeting which was complied with, the applicants effectively succeeded on their primary relief and are therefore entitled to costs; both the 1st and 2nd respondents, who shared the same stance and legal representation, were ordered to pay the applicants' costs (including the interlocutory costs), to be taxed if not agreed.

Court Disposition

Applicants awarded costs against respondents

Orders

  • The 1st and 2nd respondents do pay costs of, and incidental to, the Application (including this interlocutory application for argument on costs) with certificate for counsel, to be taxed if not agreed.