24 Dec 2020
SAM WOO MARINE WORKS LTD v. THE INCORPORATED OWNERS OF PO HANG BUILDING
- Citation
- [2020] HKLdT 56
- Court
- Lands Tribunal
- Case number
- LDBM252/2014
The Tribunal held that the DMC does not impose an obligation to maintain separate class-specific surplus accounts nor require exhaustion of any class surplus before demanding management fees; the prior construction in DCCJ 1271/2011 is binding and applicable; the IO had remedied accounting deficiencies and validly adopted revised budgets and audited accounts; accordingly Sam Woo's declaratory and accounting claims fail and the IO is entitled to recover the outstanding management fees of HK$237,884 plus interest.