Hong Kong Case Law: Decisions & Judgments

Topic

Management committee duties

Legal area

Court

3 Aug 2004

恆麗園業主立案法團第四屆管理委員會 v. 恆麗園業主立案法團第二屆管理委員會及另一人

Citation

恆麗園業主立案法團第四屆管理委員會 v. 恆麗園業主立案法團第二屆管理委員會及另一人
Court

Lands Tribunal
Case number

LDBM73/2004

The application was improperly constituted because the dispute about the validity of the resolutions concerns the Incorporated Owners and the owner of Unit T5-26A; management committees are not separate legal persons with an interest to seek declarations about resolutions in their own names, therefore the application could not proceed as framed and must be adjourned for proper reconstitution of parties or pursued in the Small Claims Tribunal.
24 Dec 1999

Great Tower Development Ltd. v. The Incorporated Owners of Luso Apartments

Citation

Great Tower Development Ltd. v. The Incorporated Owners of Luso Apartments
Court

Lands Tribunal
Case number

LDBM76/1999

The Tribunal accepted that the Respondent produced all documents in its possession, found no evidence of criminality, dishonesty or wilful negligence by the management committee, and applied the indemnity clause in the DMC; accordingly no further orders could be justified and the Tribunal made no orders.
27 May 1996

MADAM CHEUNG KIT MUI v. BAYVIEW MANSION MANAGEMENT COMMITTEE OF INCORPORATED OWNERS OF BAYVIEW MANSION

Citation

MADAM CHEUNG KIT MUI v. BAYVIEW MANSION MANAGEMENT COMMITTEE OF INCORPORATED OWNERS OF BAYVIEW MANSION
Court

Lands Tribunal
Case number

LDBM1/1996

Applicant was allowed to amend the applicant name to the registered owner and thus had standing; the iron gate and items constituted an unauthorised encroachment in breach of the DMC; the Committee had no power to grant exclusive use of a common part and failed in its duty to enforce the DMC; accordingly the gate and items must be removed and the common area restored, and the Committee members are to bear costs personally (except costs of obtaining legal advice as to merits).
18 Jan 1989

THE INCORPORATED OWNERS OF DRAGON VIEW v. NALPAK LTD

Citation

THE INCORPORATED OWNERS OF DRAGON VIEW v. NALPAK LTD
Court

Court of First Instance
Case number

HCA3356/1986

The court declared the Defendant in breach of the Deed of Mutual Covenant as to the enlarged window and unauthorised air-conditioning installations but exercised its equitable discretion to refuse mandatory injunctions because the alterations were over three years old, had caused no demonstrable harm, the building already bore numerous visible alterations, and the Defendant offered binding undertakings against future breaches.
31 Jan 1984

CHAN HOK MAN AND OTHERS v. CHENG CHI AND OTHERS

Citation

CHAN HOK MAN AND OTHERS v. CHENG CHI AND OTHERS
Court

Court of Appeal
Case number

CACV2/1984

The Court upheld the judge's mandatory and interim injunctions: it was reasonably open to find the notices were posted in breach of the deed and that the management committee had a duty under Cap.344 and the deed to remove them; the judge did not abuse his discretion and the balance of convenience favoured injunctions because the words were clearly defamatory and damages would be inadequate.

Hong Kong Case Law

恆麗園業主立案法團第四屆管理委員會 v. 恆麗園業主立案法團第二屆管理委員會及另一人

Great Tower Development Ltd. v. The Incorporated Owners of Luso Apartments

MADAM CHEUNG KIT MUI v. BAYVIEW MANSION MANAGEMENT COMMITTEE OF INCORPORATED OWNERS OF BAYVIEW MANSION

THE INCORPORATED OWNERS OF DRAGON VIEW v. NALPAK LTD

CHAN HOK MAN AND OTHERS v. CHENG CHI AND OTHERS