Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Special fund vs general fund

Legal area

Court

8 Apr 2014

NOMINSHARE LTD v. THE INCORPORATED OWNERS OF KWONG FUNG TERRACE

Citation

NOMINSHARE LTD v. THE INCORPORATED OWNERS OF KWONG FUNG TERRACE
Court

Lands Tribunal
Case number

LDBM191/2011

Leave to appeal was refused because the applicant failed to show the appeal had a reasonable prospect of success or any other reason in the interests of justice under s.11AA(6) LTO; the Tribunal found no inconsistency between the DMC and Schedule 7 of the BMO and held the costs of the works fell within the general fund governed by s.20 BMO; accordingly the application for leave to appeal was dismissed and costs were ordered against the applicant.
28 Jan 2014

NOMINSHARE LTD v.THE INCORPORATED OWNERS OF KWONG FUNG TERRACE

Citation

NOMINSHARE LTD v.THE INCORPORATED OWNERS OF KWONG FUNG TERRACE
Court

Lands Tribunal
Case number

LDBM191/2011

The works fell within the DMC definition of Management Expenses and within the general/contingency fund under sections 20(1)(a) and 20(2) BMO; accordingly the management committee had statutory authority under sections 21 and 22 of the BMO, and the DMC allocation (Schedule 2) governed apportionment and payment timing; Paragraph 4(2) special fund was not applicable to this specific project; applicant's procedural objections were technical and did not invalidate the committee's determinations, so applicant's claim is dismissed and respondent succeeds on its counterclaim.