Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Owners' requisition under bmo sch 3(1)(2)
  • 10 Aug 2022

    羅小玲及另二人 對 鄭慧玲及另一人

    Citation
    [2022] HKLdT 34
    Court
    Lands Tribunal
    Case number
    LDBM26/2020

    The 702 notice and the 716 meeting were not a lawful response to the 501 requisition because (a) the notice's agenda materially differed from the matters specified in the requisition, (b) the chairman had not obtained management committee authorization to convene the meeting under Sch 3(1)(1) nor did the facts justify reliance on Sch 2(6A)(1), and (c) a chairman lacks unilateral authority to substitute or alter requisitioned items; accordingly the notice, meeting and all resolutions are invalid and the Tribunal should exercise its discretion to declare them so.

    • Validity of meeting notice
    • Owners' requisition under bmo sch 3(1)(2)
    • Authority of chairman vs management committee
    • Remedy by declaration
    • Meeting procedure and voting