Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Agm notice requirements

Legal area

Court

19 Apr 2022

THE INCORPORATED OWNERS OF THE REGALIA v. WONG TAK YUN AND ANOTHER

Citation

[2022] HKCFI 1020
Court

Court of First Instance
Case number

HCSA16/2018

Appeal dismissed: no admissible evidence established pre‑existing Capital Equipment Fund so ground failed; AGM notice was sufficient because quantum of contribution was ancillary to establishment of the fund; although the 2016 budget did not comply strictly with DMC clause 13, that contractual failure did not trigger BMO Schedule 7(1)(3) consequence and did not render the fees invalid; consultation requirement under DMC satisfied by consultation before the committee and delegation to a taskforce did not vitiate consultation.
19 Apr 2022

THE INCORPORATED OWNERS OF THE REGALIA v. CHOK KIN MING AND ANOTHER

Citation

[2022] HKCFI 1020
Court

Court of First Instance
Case number

HCSA14/2018

The notice convening the AGM was sufficient because the resolutions on contribution quantum were ancillary to the primary resolution to establish the special fund; although the proposed 2016 budget did not follow the DMC's prescribed format, that breach did not trigger the BMO Schedule 7 consequence of reverting fees to prior year and did not invalidate the budget as the budget was consulted, discussed at the AGM and adjusted accordingly; consultation requirement was met when the committee considered the draft and delegated to a taskforce; admission of fresh evidence was refused and abandoned…