14 Dec 2004
THE INCORPORATED OWNERS OF PHASE ONE OF WHAMPOA ESTATE v. THE BANK OF COMMUNICATIONS
- Citation
- THE INCORPORATED OWNERS OF PHASE ONE OF WHAMPOA ESTATE v. THE BANK OF COMMUNICATIONS
- Court
- Lands Tribunal
- Case number
- LDBM251/2004
The contributions sought were for complying with a building order and thus constituted outgoings under s20(1)(b) and payments contemplated by s21(3), so contributions had to be fixed by the management committee in accordance with the DMC under s22; there was no valid management committee resolution or owner resolution fixing contributions consistent with the DMC, therefore the IO had no authority to collect the disputed sums and the Bank was entitled to repayment of the proven overpayment calculated under clause 11 of the DMC.