THE INCORPORATED OWNERS OF NO 99 WAI YIP STREET 訴 LANTON PROPERTIES LTD

THE INCORPORATED OWNERS OF NO 99 WAI YIP STREET 訴 LANTON PROPERTIES LTD

The Tribunal dismissed the respondent's out-of-time application for leave to appeal because the application was plainly time-barred and lacked any real prospect of success; fresh evidence was not admissible as it failed the Ladd v Marshall criteria; the applicant acted properly in arranging the sealing of the order;...

Source-derived case information.

Citation
THE INCORPORATED OWNERS OF NO 99 WAI YIP STREET 訴 LANTON PROPERTIES LTD
Parties
Applicant: THE INCORPORATED OWNERS OF NO 99 WAI YIP STREET; Respondent: LANTON PROPERTIES LIMITED
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
5 December 2017
Case Number
LDBM3/2015
Procedural Posture
Building Management Application / Application for Extension of Time and Leave to Appeal (post Judgment)
Outcome
All of the respondent's applications dismissed
Legal Topics
Management Fee Recovery, Leave to Appeal, Extension of Time, Admissibility of Fresh Evidence on Appeal, Costs Assessment
Source Language
ch
Property Law Civil Procedure Building Management Management Fee Recovery Leave to Appeal Extension of Time Admissibility of Fresh Evidence on Appeal Costs Assessment

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Parties

THE INCORPORATED OWNERS OF NO 99 WAI YIP STREET

Applicant

LANTON PROPERTIES LIMITED

Respondent

Procedural Posture

Building Management Application / Application for Extension of Time and Leave to Appeal (post Judgment)

  1. 1 Whether out-of-time leave to appeal should be granted
  2. 2 Whether fresh evidence should be admitted on appeal (Ladd v Marshall test)
  3. 3 Validity of the incorporated owners and membership challenge

Ratio Decidendi

The Tribunal dismissed the respondent's out-of-time application for leave to appeal because the application was plainly time-barred and lacked any real prospect of success; fresh evidence was not admissible as it failed the Ladd v Marshall criteria; the applicant acted properly in arranging the sealing of the order; the respondent's factual complaints did not justify withholding management and maintenance fees; consequently the application for extension and leave was refused and costs were awarded to the applicant.

Court Disposition

All of the respondent's applications dismissed

Orders

  • All of the respondent's applications (including extension of time and leave to appeal) are dismissed
  • Respondent to pay the applicant's costs assessed summarily at HKD 18300, payable immediately