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 owners' corporation was validly constituted and entitled to recover unpaid management fees and three specified repair levies subject to the 12‑year limitation; the tribunal awarded the applicant HKD 252,142 (management fees 6/2003–1/2015 and related periods), repair levies HKD 20,000, pre‑judgment contractual...

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
26 September 2017
Case Number
LDBM3/2015
Procedural Posture
Building Management Application / Final Judgment (land Tribunal)
Outcome
Applicant's claim allowed in part; respondent ordered to pay principal sums and interest; respondent's counterclaims dismissed; costs awarded to applicant.
Legal Topics
Management Fee Recovery, Owners' Corporation Validity, Limitation Period, Contractual Interest, Unauthorised Building Works and Demolition, Set Off and Counterclaims, Costs and Taxation
Source Language
ch
Property Law Building Management Limitation (statute of Limitations) Civil Procedure Administrative Enforcement Management Fee Recovery Owners' Corporation Validity Limitation Period +4 more

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Parties

THE INCORPORATED OWNERS OF NO 99 WAI YIP STREET

Applicant

LANTON PROPERTIES LIMITED

Respondent

Procedural Posture

Building Management Application / Final Judgment (land Tribunal)

  1. 1 Whether the owners' corporation was validly constituted and therefore entitled to sue
  2. 2 Whether respondent liable for unpaid management fees and specified repair levies
  3. 3 Appropriate limitation period for recovery of debts under the deed/public instrument

Ratio Decidendi

The owners' corporation was validly constituted and entitled to recover unpaid management fees and three specified repair levies subject to the 12‑year limitation; the tribunal awarded the applicant HKD 252,142 (management fees 6/2003–1/2015 and related periods), repair levies HKD 20,000, pre‑judgment contractual interest of HKD 178,048 (at annualised 24% from 2015‑01‑05 to judgment) totalling HKD 450,190; respondent's counterclaims were dismissed; costs awarded to applicant.

Court Disposition

Applicant's claim allowed in part; respondent ordered to pay principal sums and interest; respondent's counterclaims dismissed; costs awarded to applicant.

Orders

  • Respondent shall pay the applicant HKD 450190 being HKD 252142 (management fees due within the 12‑year window) plus HKD 20000 (three repair levies) and HKD 178048 (interest from 2015-01-05 to 2017-09-26 at 24%)
  • From the date of this judgment respondent shall continue to pay interest on the principal sum of HKD 272142 (HKD 252142 + HKD 20000) at the prescribed post‑judgment rate (currently 8% per annum) until full payment