14 Dec 2004
THE BANK OF COMMUNICATIONS v. THE INCORPORATED OWNERS OF PHASE ONE OF WHAMPOA ESTATE
- Citation
- THE BANK OF COMMUNICATIONS v. THE INCORPORATED OWNERS OF PHASE ONE OF WHAMPOA ESTATE
- Court
- Lands Tribunal
- Case number
- LDBM347/2004
The court held that the IO lacked authority to collect the disputed contributions because there was no valid determination by the management committee fixing contributions in accordance with the DMC as required by s.22 of the BMO; costs required to comply with a building order fall within s.21(3) and must be allocated pursuant to the DMC (clause 11) rather than by inconsistent general meeting resolutions, and therefore the Bank was entitled to repayment of the overpaid sum of $23,157.60; IO's claim dismissed and Bank's claim allowed to that extent.