11 Sept 2012
HUGE DRAGON CORPORATION LTD v. THE INCORPORATED OWNERS OF LUNG MUN OASIS
- Citation
- HUGE DRAGON CORPORATION LTD v. THE INCORPORATED OWNERS OF LUNG MUN OASIS
- Court
- Court of First Instance
- Case number
- HCA524/2010
The court found that although the DMC does not permit deviation from the prescribed apportionment formula, the evidence showed the Defendant had, in substance, applied the ratio approach and used surplus budgeting (collecting proportional sums that exceeded anticipated expenses); consequently there exists a believable, arguable defence and a triable issue, so summary judgment must be refused and unconditional leave to defend granted.