LAU KIN NAM CARMEL AND OTHERS v. THE INCORPORATED OWNERS OF NIN FUNG BUILDING, HOMANTIN AND OTHERS

LAU KIN NAM CARMEL AND OTHERS v. THE INCORPORATED OWNERS OF NIN FUNG BUILDING, HOMANTIN AND OTHERS

Over And Above Limited has a sufficient interest to be joined as a respondent; the 2nd and 3rd Respondents had, on the evidence, ceased to have authority to sign the consent summons (resignations and loss of ownership established prima facie), therefore paragraphs 2-5 of the consent Order were irregularly obtained and are set aside; O&A to be joined and procedural steps ordered for amendment and opposition; costs reserved.

Citation
LAU KIN NAM CARMEL AND OTHERS v. THE INCORPORATED OWNERS OF NIN FUNG BUILDING, HOMANTIN AND OTHERS
Parties
1st Applicant: Lau Kin Nam Carmel and Lau Cheung Nam Henry; 2nd Applicant: Kwok Fung Ming; 3rd Applicant: Lam Pui Shan Pisa; 4th Applicant: Yuen Ming; 5th Applicant: Lam Shok Hing; 6th Applicant: Ko Ah Tsui and Lau Fuk Lai; 7th Applicant: Choi So Chu; 8th Applicant: Lau Kin Man Carmel; 9th Applicant: Yeung Hung Chak and Li Wing Kwan; 10th Applicant: Wu Chuk Kwan; 11th Applicant: Lau Cheung Nam Henry; 12th Applicant: Yung Shui Ha; 13th Applicant: Sham Sze Pui and Tien Sock Kune; 14th Applicant: Lam Chor Cheung; 15th Applicant: Ng Ronald Siu Kong and Ng Au Yeung Kook Fan; 16th Applicant: Tam Hok Ling and Siu Kwun Shing; 17th Applicant: Lau Fun; 18th Applicant: Yuen Sheng; 19th Applicant: Tsun Chun Wing; 20th Applicant: Lam Kun Yet; 21st Applicant: Cham Kam Shu; 22nd Applicant: Wong Yu Shing Lawrence; 23rd Applicant: Lai Suk Ling and Lai Suk Wai; 24th Applicant: Chan So Yum and Ng Sangly; 1st Respondent: The Incorporated Owners of Nin Fung Building, Homantin; 2nd Respondent: Ng John Yee; 3rd Respondent: Yuen Tui; 4th Respondent: Lau Koon Ming; 5th Respondent: Cheung Kin; 6th Respondent: Over And Above Limited
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
17 December 2007
Case Number
LDBM256/2006
Procedural Posture
Building Management Application (lands Tribunal) / Inter Partes Summons for Joinder and to Set Aside Earlier Consent Order — Decision on Joinder and Setting Aside Order
Outcome
Order set aside in part; Over And Above Limited joined as respondent; procedural directions given for amendment and filing; costs adjourned.
Legal Topics
Joinder/intervention, Validity of Consent Summons, Authority of Management Committee Members, Setting Aside Irregularly Obtained Orders, Costs
Source Language
EN
Property Law Building Management Civil Procedure Joinder/intervention Validity of Consent Summons Authority of Management Committee Members Setting Aside Irregularly Obtained Orders Costs

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Parties

Lau Kin Nam Carmel and Lau Cheung Nam Henry

1st Applicant

Kwok Fung Ming

2nd Applicant

Lam Pui Shan Pisa

3rd Applicant

Yuen Ming

4th Applicant

Lam Shok Hing

5th Applicant

Ko Ah Tsui and Lau Fuk Lai

6th Applicant

Choi So Chu

7th Applicant

Lau Kin Man Carmel

8th Applicant

Yeung Hung Chak and Li Wing Kwan

9th Applicant

Wu Chuk Kwan

10th Applicant

Lau Cheung Nam Henry

11th Applicant

Yung Shui Ha

12th Applicant

Sham Sze Pui and Tien Sock Kune

13th Applicant

Lam Chor Cheung

14th Applicant

Ng Ronald Siu Kong and Ng Au Yeung Kook Fan

15th Applicant

Tam Hok Ling and Siu Kwun Shing

16th Applicant

Lau Fun

17th Applicant

Yuen Sheng

18th Applicant

Tsun Chun Wing

19th Applicant

Lam Kun Yet

20th Applicant

Cham Kam Shu

21st Applicant

Wong Yu Shing Lawrence

22nd Applicant

Lai Suk Ling and Lai Suk Wai

23rd Applicant

Chan So Yum and Ng Sangly

24th Applicant

The Incorporated Owners of Nin Fung Building, Homantin

1st Respondent

Ng John Yee

2nd Respondent

Yuen Tui

3rd Respondent

Lau Koon Ming

4th Respondent

Cheung Kin

5th Respondent

Over And Above Limited

6th Respondent

Procedural Posture

Building Management Application (lands Tribunal) / Inter Partes Summons for Joinder and to Set Aside Earlier Consent Order — Decision on Joinder and Setting Aside Order

Legal Issues

  1. 1 Whether Over And Above Limited should be joined as a respondent/intervenor
  2. 2 Whether the consent summons and resulting Order were valid given alleged resignations and change of ownership
  3. 3 Whether 2nd and 3rd Respondents had authority to sign on behalf of the incorporated owners

Ratio Decidendi

Over And Above Limited has a sufficient interest to be joined as a respondent; the 2nd and 3rd Respondents had, on the evidence, ceased to have authority to sign the consent summons (resignations and loss of ownership established prima facie), therefore paragraphs 2-5 of the consent Order were irregularly obtained and are set aside; O&A to be joined and procedural steps ordered for amendment and opposition; costs reserved.

Court Disposition

Order set aside in part; Over And Above Limited joined as respondent; procedural directions given for amendment and filing; costs adjourned.

Orders

  • Over And Above Limited be joined as the 6th Respondent in the present proceedings.
  • Paragraphs 2, 3, 4 and 5 of the order dated 2 November 2006 be set aside.