17 Mar 2008
THE INCORPORATED OWNERS OF NOS. 2, 4, 6 AND 8 HO TUNG ROAD KOWLOON v. ROTARY ENTERPRISES LTD AND ANOTHER
- Citation
- THE INCORPORATED OWNERS OF NOS. 2, 4, 6 AND 8 HO TUNG ROAD KOWLOON v. ROTARY ENTERPRISES LTD AND ANOTHER
- Court
- Lands Tribunal
- Case number
- LDBM72/2006
The Tribunal found on the balance of probabilities that a common understanding arising from a historical meeting and long course of conduct existed and was acted upon by both sides; accordingly estoppel by convention applied and prevented the Applicant from enforcing management fee claims arising prior to service of the claim; the registered charge was invalid because it was not created in accordance with the DMC requirements and there was no adequate evidential basis for the charges; the counterclaim for damages was dismissed because estoppel precluded complaint about prior lack of cooperati…