THE INCORPORATED OWNERS OF TUNG FAT BUILDING, BLOCK C, KAM PING STREET v. SO HUNG SUN

THE INCORPORATED OWNERS OF TUNG FAT BUILDING, BLOCK C, KAM PING STREET v. SO HUNG SUN

Leave to appeal was granted because there was a real and arguable issue whether the tribunal allowed amendments or accepted claims for periods beyond the original pleading without proper authorization, resulting in a potentially incorrect judgment amount that justified appellate scrutiny.

Citation
THE INCORPORATED OWNERS OF TUNG FAT BUILDING, BLOCK C, KAM PING STREET v. SO HUNG SUN
Parties
Claimant (respondent in Tribunal): THE INCORPORATED OWNERS OF TUNG FAT BUILDING, BLOCK C, KAM PING STREET; Defendant (appellant): SO HUNG SUN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 February 2016
Case Number
HCSA70/2015
Procedural Posture
Appeal From Small Claims Tribunal / Permission to Appeal Granted
Outcome
Permission to appeal granted
Legal Topics
Service Charge, Management Fees, Sinking Fund, Amendment of Pleadings, Permission to Appeal, Small Claims Procedure
Source Language
CH
Property Law Contract Debt Recovery Procedural Law Service Charge Management Fees Sinking Fund Amendment of Pleadings +2 more

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Parties

THE INCORPORATED OWNERS OF TUNG FAT BUILDING, BLOCK C, KAM PING STREET

Claimant (respondent in Tribunal)

SO HUNG SUN

Defendant (appellant)

Procedural Posture

Appeal From Small Claims Tribunal / Permission to Appeal Granted

Legal Issues

  1. 1 Whether the Small Claims Tribunal correctly calculated the periods and amounts of management fees claimed
  2. 2 Whether the claimant was permitted to amend the particulars to include management fees after the original filing date and to add the sinking fund claim
  3. 3 Whether the tribunal's judgment amount was based on permitted amendments or on impermissible extra-period claims

Ratio Decidendi

Leave to appeal was granted because there was a real and arguable issue whether the tribunal allowed amendments or accepted claims for periods beyond the original pleading without proper authorization, resulting in a potentially incorrect judgment amount that justified appellate scrutiny.

Court Disposition

Permission to appeal granted

Orders

  • Permission to appeal granted