Jones Lang LaSalle Management Services Ltd. v. Ho Kwai Yee

Jones Lang LaSalle Management Services Ltd. v. Ho Kwai Yee

The DMC expressly included central air-conditioning as part of management expenses and therefore the respondent was liable to pay the full management fees under the DMC; the ex-manager's application was dismissed for lack of locus standi; judgment entered for the present manager for the awarded sum with continuing monthly fees, interest, collection charge and solicitor-and-own-client costs.

Citation
Jones Lang LaSalle Management Services Ltd. v. Ho Kwai Yee
Parties
Applicant (ex Manager): Valiant Management Services Limited; Applicant (present Manager): Jones Lang LaSalle Management Services Limited; Respondent (owner): Ho Kwai Yee
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
2 August 2000
Case Number
LDBM161/2000
Procedural Posture
Building Management Application (lands Tribunal) / Judgment
Outcome
Application of ex-manager (Valiant Management Services Ltd) dismissed; judgment for present manager Jones Lang LaSalle Management Services Ltd.
Legal Topics
Management Fees, Deed of Mutual Covenant, Service Charges, Central Air Conditioning Supply, Locus Standi, Costs, Interest
Source Language
ET
Building Management Property Law Contract Civil Procedure Management Fees Deed of Mutual Covenant Service Charges Central Air Conditioning Supply +3 more

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Parties

Valiant Management Services Limited

Applicant (ex Manager)

Jones Lang LaSalle Management Services Limited

Applicant (present Manager)

Ho Kwai Yee

Respondent (owner)

Procedural Posture

Building Management Application (lands Tribunal) / Judgment

Legal Issues

  1. 1 Whether the respondent is liable to pay management fees inclusive of central air-conditioning under the Deed of Mutual Covenant
  2. 2 Whether the respondent may withhold the portion of charges attributed to air-conditioning on the basis she did not enjoy supply
  3. 3 Whether the ex-manager has locus standi to bring an application in the Lands Tribunal

Ratio Decidendi

The DMC expressly included central air-conditioning as part of management expenses and therefore the respondent was liable to pay the full management fees under the DMC; the ex-manager's application was dismissed for lack of locus standi; judgment entered for the present manager for the awarded sum with continuing monthly fees, interest, collection charge and solicitor-and-own-client costs.

Court Disposition

Application of ex-manager (Valiant Management Services Ltd) dismissed; judgment for present manager Jones Lang LaSalle Management Services Ltd.

Orders

  • Judgment for Jones Lang LaSalle Management Services Ltd in the sum of HKD 106513.02
  • Further management fees at the rate of HKD 2,531.70 per month from 1 May 2000 until full payment