Hong Kong Case Law: Decisions & Judgments

Topic

Appointment of management committee

Legal area

Court

21 Jul 2006

LEUNG HO SING AND OTHERS v. SHUM YIU TUNG AND OTHERS

Citation

LEUNG HO SING AND OTHERS v. SHUM YIU TUNG AND OTHERS
Court

Court of Appeal
Case number

CACV108/2006

The appeal was dismissed because it was incompetent for failure to join necessary parties (the Incorporated Owners and other management committee members); substantively, under the BMO an incumbent management committee remains in office until successors are appointed (no interregnum), and the pending Tribunal application (including an injunction) meant convening a meeting would have been futile; indemnity costs were awarded against the 6th Applicant.
8 Apr 2002

KWAN & PUN CO. LTD. v. CHAN LAI YEE AND OTHERS

Citation

KWAN & PUN CO. LTD. v. CHAN LAI YEE AND OTHERS
Court

Lands Tribunal
Case number

LDBM542/2001

The Lands Tribunal has jurisdiction to determine whether the management committee was validly appointed under s.3(2)(b); the certificate of registration under s.13 does not bar the Tribunal from examining the factual validity of the appointment; appointments may be effected by election of individual members but the meeting's procedure here was fatally irregular because abstention was not accounted for and the person presiding had no authority to declare resolutions carried, so the purported appointments were invalid.
19 Oct 2001

TRIUMPHAL FOUNTAIN LTD. AND ANOTHER v. CHAN CHI LUN AND OTHERS

Citation

TRIUMPHAL FOUNTAIN LTD. AND ANOTHER v. CHAN CHI LUN AND OTHERS
Court

Lands Tribunal
Case number

LDBM309/2001

Applicants were estopped from challenging the meeting because they initially objected then returned and voted without reserving rights; alternatively, on the merits the statutory and contractual requirements (BMO s3 and s5 and DMC provisions) were satisfied: proxies were valid despite lack of corporate seal where authentic and no dishonesty, the chair validly accepted late proxies, and the resolution obtained the requisite share support (30%), therefore the application failed.
31 Jan 2001

SIU SIU HING t/a CHUNG SHING MANAGEMENT CO. v. THE LAND REGISTRAR

Citation

SIU SIU HING t/a CHUNG SHING MANAGEMENT CO. v. THE LAND REGISTRAR
Court

Court of First Instance
Case number

HCAL77/2000

The Ordinance must be construed purposively to permit incorporation of owners of groups of buildings without a single common undivided share; the management committee was validly appointed under section 3 in accordance with the Ordinance and the DMC did not override statutory appointment procedures; the Land Registrar made reasonable enquiries and section 13 renders the Certificate of Registration conclusive against collateral procedural challenges, therefore the Registrar's decision to issue the Certificate was lawful and the judicial review fails.

Hong Kong Case Law

LEUNG HO SING AND OTHERS v. SHUM YIU TUNG AND OTHERS

KWAN & PUN CO. LTD. v. CHAN LAI YEE AND OTHERS

TRIUMPHAL FOUNTAIN LTD. AND ANOTHER v. CHAN CHI LUN AND OTHERS

SIU SIU HING t/a CHUNG SHING MANAGEMENT CO. v. THE LAND REGISTRAR