28 Apr 2016
SMART ESSENCE DEVELOPMENT LTD v. HONG KONG HOUSING AUTHORITY
- Citation
- SMART ESSENCE DEVELOPMENT LTD v. HONG KONG HOUSING AUTHORITY
- Court
- Court of First Instance
- Case number
- HCA450/2016
Clause 71(b) of the DMC only becomes applicable where there has been a sale/assignment of part units giving rise to a sub‑deed (ie a third co‑owner/sub‑DMC); an assignment of the whole Commercial/Car Park Accommodation did not trigger clause 71(b) so the 27/11/2015 and 27/1/2016 meetings were not validly held under clause 71(b); even if clause 71(b)/Schedule 8 applied the quorum calculation could result in one owner being sufficient in this two‑owner estate, but clause 33(b) requires a three months' notice of termination to be served by the Owners Committee and the 30/11/2015 notice was inval…