Hong Kong Case Law: Decisions & Judgments

Topic

Mandatory building inspection scheme (mbis)

Legal area

Court

14 May 2024

THE INCORPORATED OWNERS OF GRENVILLE HOUSE v. KEEN JOY ENTERPRISES LTD

Citation

[2024] HKLdT 39
Court

Lands Tribunal
Case number

LDBM200/2020

AGM and MC resolutions to appoint contractor and levy contributions were lawfully made and binding; Keen Joy is liable to pay its apportioned contribution of HKD 220,000 plus contractual collection charge and statutory interest; IO was not in breach of its statutory or DMC duties regarding the fire alarm because the installation conformed with applicable fire safety codes and was maintained; COP provisions relied on are directory and do not create an independent legal right to the broad disclosure sought absent compliance with statutory thresholds (eg. Schedule 6) or court authorisation; ther…
14 May 2024

THE INCORPORATED OWNERS OF GRENVILLE HOUSE v. WONG TAK KEUNG STANLEY AND ANOTHER

Citation

[2024] HKLdT 40
Court

Lands Tribunal
Case number

LDBM199/2020

2018 COP are directory guidance rather than self-executing law; non-compliance with the cited COP paragraphs does not automatically invalidate general meeting resolutions or relieve owners of liability. The s.20A(7) discretionary power to void or voidabilize procurement contracts applies only in proceedings concerning procurement contracts where s.20A(2) or s.20A(2B) compliance is in issue; it does not extend to orders sought here for inspection or to stay enforcement where tendering and GM resolution requirements were complied with. IO proved the recovery claim; counterclaim dismissed.

Hong Kong Case Law

THE INCORPORATED OWNERS OF GRENVILLE HOUSE v. KEEN JOY ENTERPRISES LTD

THE INCORPORATED OWNERS OF GRENVILLE HOUSE v. WONG TAK KEUNG STANLEY AND ANOTHER