24 Jan 2020
中紀投資有限公司 v. 青山道國際工業大廈業主立案法團
- Citation
- [2020] HKLdT 5
- Court
- Lands Tribunal
- Case number
- LDBM118/2017
The Tribunal found the 2017 Resolution valid (no disqualifying undeclared interest affected the outcome). The applicant failed to prove breach of Clause 10(c) because no evidence established increased fire risk or that insurance would be void/voidable. The management committee had power under section 34I(1)(a) BMO to approve non-structural affixations, so there was no breach of Clause 10(e) or section 34I(1)(a). The alteration was de minimis so no breach of Clause 10(g). The applicant failed to prove unreasonable interference or hazard under section 34I(1)(b). Accordingly the applicant's prim…