啟德花園(彩虹道)業主立案法團 對 WOO TAK YAN 及另一人

啟德花園(彩虹道)業主立案法團 對 WOO TAK YAN 及另一人

Permission to appeal was refused because the applicant/respondent failed to show any legal error in the Lands Tribunal's decisions or any reasonable prospect of success on appeal; the grounds advanced were repetitive of earlier arguments and did not meet the statutory threshold for leave, so costs were awarded...

Source-derived case information.

Citation
[2018] HKCA 134
Parties
Applicant: The incorporated owners of kai tak garden (choi hung road); First Respondent: WOO TAK YAN; Second Respondent: LAU CHOI LING
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
7 March 2018
Case Number
CAMP53/2017
Procedural Posture
Leave to Appeal From Lands Tribunal (building Management) / Permission to Appeal Application Before Court of Appeal
Outcome
Leave to appeal refused
Legal Topics
Management Fees, Meeting and Budget Validity, Leave to Appeal, Procedural Fairness
Source Language
ch
Property Building Management Civil Procedure Management Fees Meeting and Budget Validity Leave to Appeal Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The incorporated owners of kai tak garden (choi hung road)

Applicant

WOO TAK YAN

First Respondent

LAU CHOI LING

Second Respondent

Procedural Posture

Leave to Appeal From Lands Tribunal (building Management) / Permission to Appeal Application Before Court of Appeal

  1. 1 Whether the Lands Tribunal's decisions involved errors of law permitting an appeal
  2. 2 Whether the incorporated owners were authorised to sue
  3. 3 Whether procedural defects in budget preparation and meeting conduct invalidated demands for management fees

Ratio Decidendi

Permission to appeal was refused because the applicant/respondent failed to show any legal error in the Lands Tribunal's decisions or any reasonable prospect of success on appeal; the grounds advanced were repetitive of earlier arguments and did not meet the statutory threshold for leave, so costs were awarded against the applicant for the leave application.

Court Disposition

Leave to appeal refused

Orders

  • Permission to appeal refused
  • First respondent ordered to pay the applicant's costs of the leave application, to be assessed on a simplified basis at HKD 5,000