教育路福照樓業主立案法團 對 谷翠香

教育路福照樓業主立案法團 對 谷翠香

The applicant proved on the balance of probabilities that valid owners' resolutions and deed provisions obliged the respondent, as owner of one thirty‑fourth share, to pay the apportioned maintenance charges and related fees; the s22(4) certificate and corroborating documents constituted sufficient prima facie...

Source-derived case information.

Citation
[2020] HKLdT 41
Parties
Applicant: The Incorporated Owners of Kau Yuk Road Fuk Chiu House (教育路福照樓業主立案法團); Respondent: Kuk Chui Heung (谷翠香)
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
20 October 2020
Case Number
LDBM14/2019
Procedural Posture
Building Management Application (ldbm 14/2019) / Judgment After Hearing
Outcome
Judgment for applicant
Legal Topics
Recovery of Common Charges, Enforcement of Deeds and Memorials, Owners' Meeting Resolutions, Costs Assessment
Source Language
ch
Property Law Building Management Civil Procedure Recovery of Common Charges Enforcement of Deeds and Memorials Owners' Meeting Resolutions Costs Assessment

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 6
Sign in to unlock

Parties

The Incorporated Owners of Kau Yuk Road Fuk Chiu House (教育路福照樓業主立案法團)

Applicant

Kuk Chui Heung (谷翠香)

Respondent

Procedural Posture

Building Management Application (ldbm 14/2019) / Judgment After Hearing

  1. 1 Whether respondent is liable to pay maintenance contributions under the deed and owners' resolutions
  2. 2 Whether the management committee's s22(4) certificate constitutes prima facie evidence enforceable in this proceeding
  3. 3 Whether respondent's unrelated allegations displace or extinguish liability to pay the charges

Ratio Decidendi

The applicant proved on the balance of probabilities that valid owners' resolutions and deed provisions obliged the respondent, as owner of one thirty‑fourth share, to pay the apportioned maintenance charges and related fees; the s22(4) certificate and corroborating documents constituted sufficient prima facie evidence; the respondent's allegations were irrelevant or unsupported and did not negate liability, therefore judgment is entered for the applicant for the sums claimed together with interest and costs.

Court Disposition

Judgment for applicant

Orders

  • Respondent to pay the applicant HK$97,850 comprising: HK$84,730 maintenance contribution, HK$3,420 additional works contribution, HK$2,700 annual miscellaneous fees (2016–2018) and HK$7,000 memorial registration and legal fees.
  • Respondent to pay post-judgment interest on the aforesaid sums from the date of judgment at the prescribed rate until full payment.