Hong Kong Case Law: Decisions & Judgments

Topic

Counter-claims

Legal area

Court

14 Dec 2005

THE INCORPORATION OWNERS OF LUX THEATRE BUILDING v. CHEUNG PING FAI AND ANOTHER

Citation

THE INCORPORATION OWNERS OF LUX THEATRE BUILDING v. CHEUNG PING FAI AND ANOTHER
Court

Lands Tribunal
Case number

LDBM380/2004

The Tribunal found the 1997 management committee resolution valid and sufficiently proved; the applicant disclosed required documents and demonstrated entitlement to charge $340 monthly; respondents' procedural and substantive defences, including failure of disclosure, alleged irregularity, theatre partition arguments and unmet consolidation requests, were either unsupported or raised too late; therefore withholding payments was unjustified and judgment for the applicant was entered with interest and costs; counterclaims dismissed.
14 Dec 2005

THE INCORPORATION OWNERS OF LUX THEATRE BUILDING v. CHAN WAH TUN AND ANOTHER

Citation

THE INCORPORATION OWNERS OF LUX THEATRE BUILDING v. CHAN WAH TUN AND ANOTHER
Court

Lands Tribunal
Case number

LDBM382/2004

The 1997 management committee resolution increasing residential management fees to HKD 340 was valid and complied with procedural requirements and the Applicant proved entitlement to collect the fees; respondents were not entitled to withhold periodic management payments for want of disclosure or because of unproven complaints or separate disputes over apportionment of specific extraordinary expenses; counter-claims lacked proof and were dismissed; accordingly judgment for the Applicant with interest and costs was warranted.
14 Dec 2005

THE INCORPORATION OWNERS OF LUX THEATRE BUILDING v. LAU YIP AND ANOTHER

Citation

THE INCORPORATION OWNERS OF LUX THEATRE BUILDING v. LAU YIP AND ANOTHER
Court

Lands Tribunal
Case number

LDBM381/2004

The Tribunal found the 1997 management committee resolution valid, the Applicant had disclosed requisite documents and proved entitlement to recover the monthly management fee of $340 from each respondent; respondents cannot withhold payment based on unproven allegations, vague discovery demands or disputes about apportionment, and their counter-claims were unsupported and therefore dismissed; costs were awarded to the Applicant.
14 Dec 2005

THE INCORPORATION OWNERS OF LUX THEATRE BUILDING v. WONG TSE KEUNG AND ANOTHER

Citation

THE INCORPORATION OWNERS OF LUX THEATRE BUILDING v. WONG TSE KEUNG AND ANOTHER
Court

Lands Tribunal
Case number

LDBM378/2004

The Tribunal held the 1997 management committee resolution validly raised residential management fees to $340, the Applicant proved entitlement to recover the claimed sums; the Respondents' defences and counter-claims lacked evidential basis and were dismissed; Respondents must pay the claimed sums with judgment interest from 15 January 2005 and costs on High Court scale with certificate for counsel.
14 Dec 2005

THE INCORPORATION OWNERS OF LUX THEATRE BUILDING v. LAM CHOK YAN

Citation

THE INCORPORATION OWNERS OF LUX THEATRE BUILDING v. LAM CHOK YAN
Court

Lands Tribunal
Case number

LDBM379/2004

The Tribunal found the 1997 management committee resolution valid and sufficiently proved, concluded the Applicant had properly disclosed documents and justified the $340 monthly fee, held respondents cannot withhold payment on allegations of non-disclosure, apportionment disputes or unproven fraud, granted judgment for the Applicant for the sums claimed with interest and dismissed respondents' counter-claims.

Hong Kong Case Law

THE INCORPORATION OWNERS OF LUX THEATRE BUILDING v. CHEUNG PING FAI AND ANOTHER

THE INCORPORATION OWNERS OF LUX THEATRE BUILDING v. CHAN WAH TUN AND ANOTHER

THE INCORPORATION OWNERS OF LUX THEATRE BUILDING v. LAU YIP AND ANOTHER

THE INCORPORATION OWNERS OF LUX THEATRE BUILDING v. WONG TSE KEUNG AND ANOTHER

THE INCORPORATION OWNERS OF LUX THEATRE BUILDING v. LAM CHOK YAN