6 Nov 2003
JIKAN DEVELOPMENT LTD AND ANOTHER v. THE INCORPORATED OWNERS OF MILLION FORTUNE INDUSTRIAL CENTRE
- Citation
- JIKAN DEVELOPMENT LTD AND ANOTHER v. THE INCORPORATED OWNERS OF MILLION FORTUNE INDUSTRIAL CENTRE
- Court
- Court of Final Appeal
- Case number
- FACV2/2003
The owners had an existing equitable right to require an account of parking fees at the time of incorporation and that right passed to the incorporated owners under s.16 Building Management Ordinance; the manager and owner breached the DMC by diverting parking fees from the Management Sink Fund and were liable to account; the Court affirmed the judgment ordering payment of the assessed sums and dismissed the appeal; s.18(2)(g) cannot be used to create rights where s.16 gives the enforcement right and the trial judge's accounting result is not disturbed.