李鑫平 對 華鴻大樓業主立案法團

李鑫平 對 華鴻大樓業主立案法團

The current 1st‑floor C unit corresponds to the former C and D units and is liable for two units' management fees; the applicant's claim in LDBM229/2017 is dismissed and the applicant in LDBM39/2018 succeeds and is entitled to recover HKD8,425 with interest and costs as ordered.

Citation
[2018] HKLdT 47
Parties
Applicant (ldbm229)/respondent (ldbm39): 李鑫平 / Li Hing Ping; Respondent (ldbm229)/applicant (ldbm39): 華鴻大樓業主立案法團
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
29 June 2018
Case Number
LDBM229/2017
Procedural Posture
Building Management Application / Hearing and Judgment
Outcome
LDBM 229/2017 dismissed; LDBM 39/2018 allowed in part
Legal Topics
Management Fees, Apportionment of Maintenance Charges, Interpretation of Deed of Mutual Covenant, Unit Identity
Source Language
CH
Property Law Building Management Conveyancing Management Fees Apportionment of Maintenance Charges Interpretation of Deed of Mutual Covenant Unit Identity

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Parties

李鑫平 / Li Hing Ping

Applicant (ldbm229)/respondent (ldbm39)

華鴻大樓業主立案法團

Respondent (ldbm229)/applicant (ldbm39)

Procedural Posture

Building Management Application / Hearing and Judgment

Legal Issues

  1. 1 Whether the current 1st‑floor C unit owner is liable to pay management fees attributable to the former D unit
  2. 2 Whether amounts previously paid or paid under settlement are recoverable
  3. 3 Proper basis for apportioning management charges (unit definition under the deed)

Ratio Decidendi

The current 1st‑floor C unit corresponds to the former C and D units and is liable for two units' management fees; the applicant's claim in LDBM229/2017 is dismissed and the applicant in LDBM39/2018 succeeds and is entitled to recover HKD8,425 with interest and costs as ordered.

Court Disposition

LDBM 229/2017 dismissed; LDBM 39/2018 allowed in part

Orders

  • LDBM 39/2018 respondent (owners' corporation) to pay applicant HKD8,425 with interest at 4% per annum from 14 November 2017 and thereafter at the judgment rate from judgment date
  • LDBM 229/2017 applicant to pay respondent's costs assessed immediately at HKD275