Hong Kong Case Law: Decisions & Judgments

Topic

Authority of incorporated owners

Legal area

Court

18 Jan 2018

雲疊花園業主立案法團對 LEUNG SHUI LAN ANN

Citation

[2018] HKLdT 3
Court

Lands Tribunal
Case number

LDBM131/2016

The defence of acquiescence depends on the nature of the breach: if the breach is within the power of the incorporated owners to acquiesce and all elements of acquiescence are proved, the defence is available; if the breach is beyond their power to acquiesce, the defence is not available. Specific provisions dealing with a situation take precedence over general provisions in the same document.
31 Oct 2016

THE INCORPORATED OWNERS OF FLORA GARDEN v. LAI TZE BIN AND ANOTHER

Citation

THE INCORPORATED OWNERS OF FLORA GARDEN v. LAI TZE BIN AND ANOTHER
Court

Lands Tribunal
Case number

LDBM289/2014

Leave to appeal was dismissed because the respondents failed to show a reasonable prospect of success or other reason in the interests of justice; the Tribunal found as matters of law and fact that Clause 4(f) of the DMC and s.18(2)(fa) of the BMO empowered the IO to carry out improvement works including addition of a lift, the challenged works were on the agenda and approved at the 215 EGM as evidenced by the List attached to the minutes, the HK$10,000 payments were refunded and the IO agreed to set off those amounts so no prejudice arose, the DMC collection fee was not a penalty, and respon…
24 Jun 2009

THE INCORPORATED OWNERS OF FOOK ON BUILDING, TAI PO v. CHAN SUNG MING AND ANOTHER

Citation

THE INCORPORATED OWNERS OF FOOK ON BUILDING, TAI PO v. CHAN SUNG MING AND ANOTHER
Court

Lands Tribunal
Case number

LDBM67/2008

Tribunal held the IO failed to prove respondents acted in bad faith or unreasonably; the proposed settlement was not concluded prior to the default judgment because the consent summons was never signed; respondents had no continuing authority to deal with the MAC accounts after revocation of their signatory mandates and the funds were matters for owners of Block A on dissolution of the MAC; accordingly the IO's claims for HK$128,000 and an order to compel transfer/closure failed.

Hong Kong Case Law

雲疊花園業主立案法團 對 LEUNG SHUI LAN ANN

THE INCORPORATED OWNERS OF FLORA GARDEN v. LAI TZE BIN AND ANOTHER

THE INCORPORATED OWNERS OF FOOK ON BUILDING, TAI PO v. CHAN SUNG MING AND ANOTHER

雲疊花園業主立案法團對 LEUNG SHUI LAN ANN