29 Jan 2021
WU YUK CHUN 對 HON HING ENTERPRISES LTD
- Citation
- [2021] HKLdT 5
- Court
- Lands Tribunal
- Case number
- LDBM226/2017
The Fourth Schedule, being a detailed and specific apportionment table forming part of the deed, governs the calculation and allocation of monthly management fees and air‑conditioning charges and prevails over the shorter general wording in Clause 4(g); however estoppel by convention bars recovery of historical overpayments prior to the date the applicant clearly objected, and the manager breached duties by continuing the incorrect allocation after written objection, entitling the applicant to limited damages for the period after objection (Nov 2016–Nov 2017).