華鴻大樓業主立案法團 對 LI HING PING

華鴻大樓業主立案法團 對 LI HING PING

The Tribunal held that the Deed of Mutual Covenant and the registered transfer show the present 1st floor C unit corresponds to the former C and D units (two units) and therefore the owner is liable for two units' management fees; accordingly the applicant's claim in LDBM 229/2017 was dismissed and the applicant in LDBM 39/2018 was awarded the sums claimed with interest and costs.

Citation
[2018] HKLdT 47
Parties
Applicant (ldbm 229/2017); Respondent (ldbm 39/2018): 李鑫平; Respondent (ldbm 229/2017); Applicant (ldbm 39/2018): 華鴻大樓業主立案法團
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
29 June 2018
Case Number
LDBM39/2018
Procedural Posture
Building Management Application / Consolidation; Hearing and Judgment
Outcome
LDBM 229/2017 dismissed; LDBM 39/2018 granted in part
Legal Topics
Management Fees, Interpretation of Deed of Mutual Covenant, Unit Apportionment, Recovery of Payments, Costs and Interest
Source Language
CH
Property Law Land Law Building Management Civil Procedure Management Fees Interpretation of Deed of Mutual Covenant Unit Apportionment Recovery of Payments +1 more

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Parties

李鑫平

Applicant (ldbm 229/2017); Respondent (ldbm 39/2018)

華鴻大樓業主立案法團

Respondent (ldbm 229/2017); Applicant (ldbm 39/2018)

Procedural Posture

Building Management Application / Consolidation; Hearing and Judgment

Legal Issues

  1. 1 Whether the current 1st floor C unit is liable to pay management fees attributable to former C and D units
  2. 2 Whether the applicant can recover alleged overpayments and other charges
  3. 3 Whether external administrative classification (Housing Society subsidy) affects liability under the Deed of Mutual Covenant

Ratio Decidendi

The Tribunal held that the Deed of Mutual Covenant and the registered transfer show the present 1st floor C unit corresponds to the former C and D units (two units) and therefore the owner is liable for two units' management fees; accordingly the applicant's claim in LDBM 229/2017 was dismissed and the applicant in LDBM 39/2018 was awarded the sums claimed with interest and costs.

Court Disposition

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

Orders

  • Application in LDBM 229/2017 dismissed
  • In LDBM 39/2018 the respondent (Li Xinping) to pay the applicant (Wah Hung Building Owners' Corporation) HKD 8,425 with interest from 14 November 2017 at 4% per annum and thereafter at the judgment rate