31 Mar 2023
宏德居業主立案法團 v. 人人汽車有限公司 AND ANOTHER
- Citation
- [2023] HKLdT 27
- Court
- Lands Tribunal
- Case number
- LDBM167/2019
Clause 6(e) must be read subject to clauses 6(a)-(d); the Manager's discretion to attribute expenses is constrained by the categorical definitions in 6(a)-(d) and an element of reasonableness. The 2018/2019 and 2019/2020 budgets breached the DMC because many expenses were apportioned before proper attribution and allocated arbitrarily; accordingly the applicant's claims for management fees based on those budgets fail and the respondents are not liable for the amounts claimed; the respondents are entitled to orders requiring the applicant to revise the two budgets in accordance with the DMC; c…