30 Aug 2016
CENTURY GLOBE LTD AND OTHERS v. INCORPORATED OWNERS OF FU LOY GARDEN
- Citation
- CENTURY GLOBE LTD AND OTHERS v. INCORPORATED OWNERS OF FU LOY GARDEN
- Court
- Lands Tribunal
- Case number
- LDBM24/2015
The Tribunal held that the IO's method of fixing management fees by apportioning general Estate expenses into section-specific 'direct costs' and applying a user-to-pay approach was inconsistent with the DMC; management fees for CPS owners must be fixed by reference to the fixed rates in Clause D2(a) (and Clause D6) except where the DMC expressly makes a category exclusively liable; Clause D5(a) is limited to expenses solely benefiting an individual unit and does not permit the IO's category-wide reallocation; therefore the IO's recalculation and retrospective clawback were unlawful, the spec…