28 Jan 2014
NOMINSHARE LTD v.THE INCORPORATED OWNERS OF KWONG FUNG TERRACE
- Citation
- NOMINSHARE LTD v.THE INCORPORATED OWNERS OF KWONG FUNG TERRACE
- Court
- Lands Tribunal
- Case number
- LDBM191/2011
The works fell within the DMC definition of Management Expenses and within the general/contingency fund under sections 20(1)(a) and 20(2) BMO; accordingly the management committee had statutory authority under sections 21 and 22 of the BMO, and the DMC allocation (Schedule 2) governed apportionment and payment timing; Paragraph 4(2) special fund was not applicable to this specific project; applicant's procedural objections were technical and did not invalidate the committee's determinations, so applicant's claim is dismissed and respondent succeeds on its counterclaim.