25 Jul 2002
THE INCORPORATED OWNERS OF MILLION FORTUNE INDUSTRIAL CENTRE v. JIKAN DEVELOPMENT LTD. AND ANOTHER
- Citation
- THE INCORPORATED OWNERS OF MILLION FORTUNE INDUSTRIAL CENTRE v. JIKAN DEVELOPMENT LTD. AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV503/2001
The Incorporated Owners, upon incorporation under the Building Management Ordinance, have standing to enforce collectively rights in relation to the common parts; parking fees collected by the Manager for use of Common Parts were held on trust for the Management Sink Fund and must be accounted for; therefore the Incorporated Owners could recover fees collected before incorporation; claims grounded on the sealed DMC attract a 12 year limitation and adverse inferences may be drawn where defendants fail to produce accounting records.