19 Apr 2022
THE INCORPORATED OWNERS OF THE REGALIA v. SIU YIU MAN AND ANOTHER
- Citation
- [2022] HKCFI 1020
- Court
- Court of First Instance
- Case number
- HCSA15/2018
Appeal dismissed: the Adjudicator did not err in law or fact — the AGM notice was sufficient because resolutions as to quantum were ancillary to establishing the special fund; the proposed 2016 budget's failure to match DMC clause 13 format did not trigger the statutory deeming consequence in BMO Schedule 7 para 1(3); consultation requirement was satisfied by presenting the draft to the owners' committee and delegation to a taskforce was permissible; no new evidence was admitted and no obligation arose for the Adjudicator to speculate about a pre-existing fund.