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

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

The review was dismissed because the respondent's grounds were irrelevant to its legal liability for management and maintenance fees, were repetitive of issues already decided, lacked specific evidence, and failed to properly challenge the Land Registrar's registration; accordingly the original orders for payment...

Source-derived case information.

Citation
THE INCORPORATED OWNERS OF NO 99 WAI YIP STREET 對 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
24 October 2017
Case Number
LDBM3/2015
Procedural Posture
Building Management Application Under Building Management Ordinance / Application for Review Under Section 11 a of the Land Tribunal Ordinance
Outcome
Review application dismissed
Legal Topics
Management Fees, Maintenance Fees, Interest on Judgment Debt, Validity of Owners' Corporation, Judicial Review of Land Registrar Decision, Unauthorized Building Works
Source Language
ch
Property Law Building Management Civil Procedure Administrative Law Management Fees Maintenance Fees Interest on Judgment Debt Validity of Owners' Corporation +2 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 Under Building Management Ordinance / Application for Review Under Section 11 a of the Land Tribunal Ordinance

  1. 1 Whether respondent owed management and maintenance fees to the owners' corporation
  2. 2 Whether the owners' corporation's legal status could be challenged in this forum
  3. 3 Whether interest awarded should be reduced or set aside

Ratio Decidendi

The review was dismissed because the respondent's grounds were irrelevant to its legal liability for management and maintenance fees, were repetitive of issues already decided, lacked specific evidence, and failed to properly challenge the Land Registrar's registration; accordingly the original orders for payment and for continuing interest stand.

Court Disposition

Review application dismissed

Orders

  • Review application dismissed
  • Original decision dated 26 September 2017 upheld