6 Nov 2003
JIKAN DEVELOPMENT LTD AND ANOTHER v. THE INCORPORATED OWNERS OF MILLION FORTUNE INDUSTRIAL CENTRE
- Citation
- JIKAN DEVELOPMENT LTD AND ANOTHER v. THE INCORPORATED OWNERS OF MILLION FORTUNE INDUSTRIAL CENTRE
- Court
- Court of Final Appeal
- Case number
- FACV3/2003
The Disputed Area was part of the Common Parts unless validly designated otherwise; the manager breached the DMC by diverting parking fees away from the Management Sink Fund and had to account; the equitable right to an accounting that existed at incorporation passed to the incorporated owners under s.16, permitting the corporation to sue for those pre-incorporation entitlements; late-raised exoneration and alternative designation arguments were not entertained and did not avail the appellants.