3 Aug 2007
THE INCORPORATED OWNERS OF TSUEN WAN GARDEN v. PRIME LIGHT LTD
- Citation
- THE INCORPORATED OWNERS OF TSUEN WAN GARDEN v. PRIME LIGHT LTD
- Court
- Lands Tribunal
- Case number
- LDBM56/2006
The 2nd Resolution is void because it purportedly established a contingency fund under s20 BMO without complying with s21(4) and the Fifth Schedule (no budget prepared) and because the DMC already provided for apportionment so contributions should have been fixed under the DMC; the 1st Resolution (fixed under the DMC pursuant to the owners' 2005 Resolution) remains effective and entitles the Applicant to recover HKD 1,675,043.50 plus interest and costs.