Hong Kong Case Law: Decisions & Judgments

Topic

Dissolution of management committee

Legal area

Court

17 Apr 2025

WING MING GARMENT FACTORY LTD v. THE INCORPORATED OWNERS OF WING MING INDUSTRIAL CENTRE

Citation

[2025] HKLdT 20
Court

Lands Tribunal
Case number

LDBM89/2018

On the evidence the tribunal concluded the IO/MC were unwilling and unable to perform their statutory duties in respect of enforcement of user restrictions and protection of common parts: persistent prima facie non‑permitted uses across multiple floors, repeated and continuing unlawful parking and double‑parking in common/void areas (including lorry spaces), and a pattern of selective enforcement directed at the applicant while failing to act against units owned by MC members; this conduct, taken with lack of adequate investigation, record keeping or reasonable follow‑up and the entrenched ma…
17 Aug 2018

WING MING GARMENT FACTORY LTD v. THE INCORPORATED OWNERS OF WING MING INDUSTRIAL CENTRE

Citation

[2018] HKLdT 63
Court

Lands Tribunal
Case number

LDBM89/2018

Notice of Application not struck out for first occasion non‑compliance with Practice Direction; management committee cannot be sued as separate entity from the incorporated owners and individual members need not be joined where no personal relief against them is sought; sections C4 and C5 are properly pleaded as examples of IO’s inability to perform duties and are within Lands Tribunal jurisdiction to determine dissolution under s.31 BMO; transfer to Court of First Instance refused because the remedy sought is statutory and properly before the Lands Tribunal; unless order refused and further…
30 May 2014

KANNIX LTD v. THE INCORPORATED OWNERS OF ON HING BUILDING

Citation

KANNIX LTD v. THE INCORPORATED OWNERS OF ON HING BUILDING
Court

Lands Tribunal
Case number

LDBM57/2014

The Tribunal accepted unchallenged evidence that the management committee had effectively ceased to function because key officers ceased to be owners, that urgent statutory fire safety works required an operative owners incorporation to act and fund the works, and that Mr Sham was a fit and proper person willing to act without fee; accordingly the Tribunal dissolved the management committee and appointed Mr Sham as administrator under s31 BMO for 1 year or until a new committee is elected to enable compliance with the Fire Services Department orders and to convene an owners meeting.
31 Dec 2013

SMART WEALTH ASIA PACIFIC LTD v. THE INCORPORATED OWNERS OF KELLY COURT

Citation

SMART WEALTH ASIA PACIFIC LTD v. THE INCORPORATED OWNERS OF KELLY COURT
Court

Lands Tribunal
Case number

LDBM251/2013

All offices of the management committee were vacant and no owners were willing to serve, rendering the committee defunct; therefore the tribunal properly exercised its power under s31 to dissolve the committee and appoint an administrator (City Professional) to perform statutory and DMC duties pending resolution of the compulsory sale application; the proposed remuneration was reasonable and its payment as management expenses and the applicant's legal costs were properly ordered to be met from the incorporated owners' funds.
3 May 2006

CHAU TZE ON v. WONG SHING BIU AND ANOTHER

Citation

CHAU TZE ON v. WONG SHING BIU AND ANOTHER
Court

Court of Appeal
Case number

CACV352/2005

The appeal was allowed because the judge erred in granting fundamentally different relief from that pleaded without adequate notice and opportunity for the 1st respondent to obtain legal advice, and without joining the management committee members; those procedural irregularities vitiated the orders dissolving the committee and appointing an administrator, requiring the orders to be quashed and a properly convened meeting directed.
12 Jan 1988

CHENG CHEUNG WANG v. LO HOI YUNG AND OTHERS

Citation

CHENG CHEUNG WANG v. LO HOI YUNG AND OTHERS
Court

Court of Appeal
Case number

CACV161/1986

The Court held that the High Court possessed jurisdiction to make interlocutory orders and to transfer aspects of the hybrid proceedings to the District Court under its inherent jurisdiction and s.40; the transfer to the District Court and subsequent District Court final orders were valid; a firm (and subsequently Collier Petty Limited) could be appointed as administrator as a "person" under the interpretation provisions; proxy voting requirements did not invalidate court-ordered meeting procedures; and on these bases the appeals were dismissed.
12 Jan 1988

CHENG CHEUNG WANG v. LO HOI YUNG AND OTHERS

Citation

CHENG CHEUNG WANG v. LO HOI YUNG AND OTHERS
Court

Court of Appeal
Case number

CACV156/1986

The Court of Appeal dismissed the appeals: the High Court had jurisdiction over the account claim and power to make interlocutory orders and to transfer District Court matters under s.40 and its inherent jurisdiction; the appointment of Collier Petty (as firm and later corporate) was valid because 'person' includes bodies corporate and unincorporate; proxy voting provisions did not invalidate court-directed meeting procedures; the orders below were therefore upheld and indemnity costs were appropriate given the conduct and complexity of the litigation.
12 Jan 1988

CHENG CHEUNG WANG v. LO HOI YUNG AND OTHERS

Citation

CHENG CHEUNG WANG v. LO HOI YUNG AND OTHERS
Court

Court of Appeal
Case number

CACV45/1986

The High Court properly exercised inherent jurisdiction and s.40 to transfer and deal with hybrid proceedings where it had jurisdiction over an account claim; interlocutory orders by the High Court suspending committee powers were valid until trial; the District Court has exclusive power to make final orders under s.31 but the transfer and ultimate District Court orders were valid; a firm may be appointed administrator as a "person"; proxy voting provisions did not invalidate the court-ordered meeting arrangements; accordingly the appeals are dismissed.
12 Jan 1988

CHENG CHEUNG WANG v. LO HOI YUNG AND OTHERS

Citation

CHENG CHEUNG WANG v. LO HOI YUNG AND OTHERS
Court

Court of Appeal
Case number

CACV44/1986

Appeals dismissed. The Court held the High Court had jurisdiction to entertain the hybrid proceedings and to make interlocutory orders and to transfer appropriate parts to the District Court under its inherent jurisdiction and s.40 District Court Ordinance; Collier Petty (initially a firm and later a company) was capable of being appointed administrator as a 'person' within the statutory meaning; court-ordered meetings convened under the judge's directions could legitimately require personal voting and need not permit proxy voting in the circumstances; indemnity costs were warranted by the co…
15 Oct 1987

CHENG CHEUNG WANG v. LO NOI YUNG AND OTHERS

Citation

CHENG CHEUNG WANG v. LO NOI YUNG AND OTHERS
Court

Court of First Instance
Case number

HCMP1747/1987

The application to join the seven applicants was properly refused because they did not demonstrate any distinct interest or arguments beyond those of existing parties and joinder would only increase expense; there was no basis to disturb the discretionary refusal by Cons, V.P.