4 Jan 1989
PROMISING REALTY LTD. v. LAM WAI SHAN
- Citation
- PROMISING REALTY LTD. v. LAM WAI SHAN
- Court
- Court of Appeal
- Case number
- CACV120/1988
The court held that misapportionment by the manager does not discharge an owner's obligation to pay contributions when due; once the manager has divided the budget into the relevant categories, apportionment among commercial units is an arithmetical calculation by gross floor area, and overclaim can be corrected subsequently. Because the trial lacked essential discovery (gross floor areas of other blocks) and evidence to quantify what was due, the appeal was allowed and a retrial ordered to determine quantum and whether the lower rates on certain large units and the restaurant were permissibl…