31 Jan 2023
OCEAN LOYAL LTD 及另二十四人 對 福安花園業主立案法團
- Citation
- [2023] HKLdT 5
- Court
- Lands Tribunal
- Case number
- LDBM159/2021
The deed granted the Manager/committee discretion to attribute management expenses among the four budget parts, but that discretion must be exercised reasonably and in good faith; the committee failed to properly verify or quantify the allocation and relied on inadequate and unreliable bases (a non‑quantifying solicitor opinion and an unreliable contractor tender statement), thus the committee's decision to reallocate the eight estate staff salaries by unit numbers from 1 July 2018 was arbitrary and not a genuine exercise of discretion and is invalid.