Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Apportionment of common charges
  • 1 Nov 2019

    WIN GLORIES LTD v. MAJORLUCK LTD

    Citation
    [2019] HKCA 1226
    Court
    Court of Appeal
    Case number
    CACV506/2018

    Clause 3's natural and ordinary meaning confines "joint charges" to charges in the genus of utilities and rates for common parts (ie third‑party utility and rates charges related to common areas) and does not extend to usual management expenses such as manager's staff costs, cleaning staff wages, gardening and decoration. Accordingly the Tenant was not liable to pay the management expenses charged; the Tribunal's calculation must be adjusted to exclude management staff costs, but the Tribunal's chosen multiplier (tenant area/total area) was not interfered with. Appeal allowed and Tribunal ord…