Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Management committee liability

Legal area

Court

26 Mar 2025

THE INCORPORATED OWNERS OF WO MING COURT v. WONG CHI WAH AND ANOTHER

Citation

[2025] HKDC 526
Court

District Court
Case number

DCCJ4503/2017

The court found, after item-by-item factual and documentary analysis, that numerous expenditures by both defendants were unreasonable, unnecessary and not in the common interest of the incorporated owners under s.18 BMO and constituted breaches of fiduciary duties/breach of trust; the defendants were therefore personally liable to repay specified sums (HK$131,137.41 against the 1st defendant; HK$114,388.30 against the 2nd defendant). The court refused to allow late-raised reliance on s.29A as a bar to liability and held that, even if considered, defendants bear the burden of proving both good…
16 Jun 2021

PAC FUNG FEATHER CO LTD v. THE INCORPORATED OWNERS OF HOI LUEN INDUSTRIAL CENTRE AND ANOTHER

Citation

[2021] HKDC 590
Court

District Court
Case number

DCCJ1445/2013

Court held that the notices' gist—condemnation of Pac‑Fung for unlawful occupation, obstruction of fire escape and obstructive conduct—was substantially true; any overstatement of area was not a distinct sting that materially worsened reputation and thus justification succeeded (s26 DO). Publications were within qualified privilege and were not actuated by malice. Malicious falsehood failed for lack of pleaded/particularised probable pecuniary damage. No breach of duty by IO or personal liability of Huang established. Claim dismissed.