Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Management company obligations

Legal area

Court

8 Apr 2009

GREAT SOURCE ENTERPRISE LTD v. SINO ESTATES MANAGEMENT LTD

Citation

GREAT SOURCE ENTERPRISE LTD v. SINO ESTATES MANAGEMENT LTD
Court

Lands Tribunal
Case number

LDBM167/2001

Respondent did not breach contractual, implied or fiduciary duties. The DMC imposes a duty of proper management, not absolute liability; Respondent took reasonable steps, consulted the OC, submitted proposals including police recommendations, and there was insufficient evidence of favouritism or improper conduct. Declaratory relief would no longer serve a useful purpose given subsequent security changes, so the application is dismissed.
30 Mar 2001

Ng Ka Ho v. Kanic Property Management Ltd.

Citation

Ng Ka Ho v. Kanic Property Management Ltd.
Court

District Court
Case number

DCCJ17055/2000

There was no contract between plaintiff and defendant (the contract was with Peace View); the arrangement was a licence to park, not a bailment, because there was no relinquishment of exclusive possession or control to the defendants; although a duty of care existed, the defendants provided only a basic parking attendant service and the plaintiff failed to show the defendants breached the reasonable standard of care; accordingly defendant not liable and claim dismissed.