Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Legal personality of management committee

Legal area

Court

28 Apr 2005

THE INCORPORATED OWNERS OF NAM SHING COURT v. GOLDEN BRICK INVESTMENT CO LTD

Citation

THE INCORPORATED OWNERS OF NAM SHING COURT v. GOLDEN BRICK INVESTMENT CO LTD
Court

Court of First Instance
Case number

HCMP645/2005

Although the applicant had a strong prospect of success on the merits (section 45 permits the incorporated owner to bring proceedings under the Tenth Schedule), the delay in applying for leave (approximately seven months) was not excusable in the circumstances because the new management committee knew or could have discovered the judgment earlier; the balance of factors did not justify extending time, so leave to appeal out of time was refused and costs awarded to the respondent.
17 Feb 2005

THE INCORPORATED OWNERS OF KWAI WAN INDUSTRIAL BUILDING v. KWAI FUNG INDUSTRIAL LTD

Citation

THE INCORPORATED OWNERS OF KWAI WAN INDUSTRIAL BUILDING v. KWAI FUNG INDUSTRIAL LTD
Court

Lands Tribunal
Case number

LDBM20/2002

The Court held that a management committee is not a legal entity independent of the incorporated owners but functions as their agent; the earlier management committee (respondent in LDBM 20/2002) had ceased to hold office and therefore lacked capacity and authority to enforce the costs orders or pursue taxation; given the serious disputes about capacity and authority pending in other proceedings, the Master was correct to stay the taxation proceedings and the appeal is dismissed.