Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Statutory interpretation of building management ordinance schedule 7
  • 10 Oct 2001

    RICH FORTRESS LTD. AND OTHERS v. THE INCORPORATED OWNERS OF BEVERLY GARDEN AND OTHERS

    Citation
    RICH FORTRESS LTD. AND OTHERS v. THE INCORPORATED OWNERS OF BEVERLY GARDEN AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA3963/2001

    There was a serious question to be tried on the validity of the termination resolution, but the balance of convenience favoured refusing interlocutory injunctions because damages were an adequate remedy and there was an irretrievable breakdown of the relationship between the manager and the committee; the minutes sufficiently evidenced that provision had been made for the notice period under Schedule 7 para 7 and therefore the plaintiffs' application for interlocutory relief was dismissed with costs (order nisi).

    • Termination of management agreement
    • Interlocutory injunction
    • Proxy voting and procedural irregularities
    • Statutory interpretation of building management ordinance schedule 7
    • Owners corporation governance
    • Damages