THE INCORPORATED OWNERS OF THE REGALIA v. SIU YIU MAN AND ANOTHER

THE INCORPORATED OWNERS OF THE REGALIA v. SIU YIU MAN AND ANOTHER

Appeal dismissed: the Adjudicator did not err in law or fact — the AGM notice was sufficient because resolutions as to quantum were ancillary to establishing the special fund; the proposed 2016 budget's failure to match DMC clause 13 format did not trigger the statutory deeming consequence in BMO Schedule 7 para 1(3); consultation requirement was satisfied by presenting the draft to the owners' committee and delegation to a taskforce was permissible; no new evidence was admitted and no obligation arose for the Adjudicator to speculate about a pre-existing fund.

Citation
[2022] HKCFI 1020
Parties
Claimant: The Incorporated Owners of the Regalia; 1st Appellant: Chok Kin Ming; 2nd Appellant: Chick Shui Har; 1st Appellant: Siu Yiu Man; 2nd Appellant: Fan Oi Ling; 1st Appellant: Wong Tak Yun; 2nd Appellant: Lo Ying Tsung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 April 2022
Case Number
HCSA15/2018
Procedural Posture
Small Claims Tribunal Appeal / Judgment on Appeal (leave Granted; Appeal Heard; Judgment Delivered)
Outcome
Appeal dismissed
Legal Topics
Management Fees, Special Fund Establishment, AGM Notice Sufficiency, Budget Format Requirements, Consultation With Owners' Committee, Admission of New Evidence, Owners' Corporation Governance
Source Language
EN
Property Law Contract Law Statutory Interpretation Civil Procedure Management Fees Special Fund Establishment AGM Notice Sufficiency Budget Format Requirements +3 more

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Parties

The Incorporated Owners of the Regalia

Claimant

Chok Kin Ming

1st Appellant

Chick Shui Har

2nd Appellant

Siu Yiu Man

1st Appellant

Fan Oi Ling

2nd Appellant

Wong Tak Yun

1st Appellant

Lo Ying Tsung

2nd Appellant

Procedural Posture

Small Claims Tribunal Appeal / Judgment on Appeal (leave Granted; Appeal Heard; Judgment Delivered)

Legal Issues

  1. 1 Whether establishment of a special fund (2015 Special Fund) was legally permissible given alleged pre-existing Capital Equipment Fund
  2. 2 Whether the 2015 AGM notice was sufficiently particular to validate resolutions including the quantum of contributions
  3. 3 Whether the 2016 budget complied with DMC clause 13 format requirements and consequences of non-compliance under BMO Schedule 7

Ratio Decidendi

Appeal dismissed: the Adjudicator did not err in law or fact — the AGM notice was sufficient because resolutions as to quantum were ancillary to establishing the special fund; the proposed 2016 budget's failure to match DMC clause 13 format did not trigger the statutory deeming consequence in BMO Schedule 7 para 1(3); consultation requirement was satisfied by presenting the draft to the owners' committee and delegation to a taskforce was permissible; no new evidence was admitted and no obligation arose for the Adjudicator to speculate about a pre-existing fund.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs of the appeal to the Respondent to be taxed if not agreed