Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Interpretation of building management ordinance

Legal area

Court

12 Mar 2008

THE INCORPORATED OWNERS OF LEE HANG INDUSTRIAL BUILDING v. BILLION DEVELOPMENT & PROJECT MANAGEMENT LTD

Citation

THE INCORPORATED OWNERS OF LEE HANG INDUSTRIAL BUILDING v. BILLION DEVELOPMENT & PROJECT MANAGEMENT LTD
Court

Court of First Instance
Case number

HCMP2243/2007

The court held that the power to own undivided shares in the building necessarily includes the power to sell those shares absent any statutory or contractual restriction; BMO s.43 and the definition of owner in s.2 together support that conclusion, therefore the Incorporated Owners have the power to acquire and to sell the properties registered in their name.
14 Sept 2004

FIDELITY REALTY LTD v. MANAGEMENT COMMITTEE OF THE INCORPORATED OWNERS OF HONG CHIANG BUILDING

Citation

FIDELITY REALTY LTD v. MANAGEMENT COMMITTEE OF THE INCORPORATED OWNERS OF HONG CHIANG BUILDING
Court

Lands Tribunal
Case number

LDBM241/2004

The Tribunal held that a management committee is not a separate legal person capable of being sued; disputes between different groups of incorporated owners are properly litigated between the individual members who must be named as parties, with the incorporated owners included only as a nominal respondent to be bound by orders, and that corporate funds should not be used to fund partisan litigation between members absent compelling justification.