19 May 2022
SAM WOO MARINE WORKS LTD v. THE INCORPORATED OWNERS OF PO HANG BUILDING
- Citation
- [2022] HKCA 733
- Court
- Court of Appeal
- Case number
- CACV405/2021
The earlier District Court judgment did not give rise to issue estoppel on the narrower question of three-class accounting; clauses 3(i) and 3(j) of the DMC must be read subject to clause 3(f) so that 'such owners' means those liable for a given expense class; any surplus attributable to a class may only be applied to that class's liabilities but the DMC and statutory regime do not require exhaustion of class surpluses before levying further contributions or revising monthly payments; Sam Woo failed to prove an actual breach or that the IO acted unlawfully in setting fees, therefore appeals d…