Hong Kong Case Law: Decisions & Judgments

Topic

Management fee recovery

Legal area

Court

8 Sept 2021

GREAT TOWER DEVELOPMENT LTD v. THE INCORPORATED OWNERS OF LUSO APARTMENTS

Citation

[2021] HKDC 1138
Court

District Court
Case number

DCCJ2308/2017

Court found on the expert evidence that rainwater entered through the external wall and not via window frames; despite seepage the IO had taken reasonable steps after notification (communications, obtaining quotations, arranging inspections and surveyor reports) and thus did not breach its duty—plaintiff's claim dismissed; defendant's counterclaim for unpaid management fees June 2005–December 2018 succeeded for HKD 215,800 and costs awarded to defendant.
5 Dec 2017

THE INCORPORATED OWNERS OF NO 99 WAI YIP STREET 訴 LANTON PROPERTIES LTD

Citation

THE INCORPORATED OWNERS OF NO 99 WAI YIP STREET 訴 LANTON PROPERTIES LTD
Court

Lands Tribunal
Case number

LDBM3/2015

The Tribunal dismissed the respondent's out-of-time application for leave to appeal because the application was plainly time-barred and lacked any real prospect of success; fresh evidence was not admissible as it failed the Ladd v Marshall criteria; the applicant acted properly in arranging the sealing of the order; the respondent's factual complaints did not justify withholding management and maintenance fees; consequently the application for extension and leave was refused and costs were awarded to the applicant.
26 Sept 2017

THE INCORPORATED OWNERS OF NO 99 WAI YIP STREET 訴 LANTON PROPERTIES LTD

Citation

THE INCORPORATED OWNERS OF NO 99 WAI YIP STREET 訴 LANTON PROPERTIES LTD
Court

Lands Tribunal
Case number

LDBM3/2015

The owners' corporation was validly constituted and entitled to recover unpaid management fees and three specified repair levies subject to the 12‑year limitation; the tribunal awarded the applicant HKD 252,142 (management fees 6/2003–1/2015 and related periods), repair levies HKD 20,000, pre‑judgment contractual interest of HKD 178,048 (at annualised 24% from 2015‑01‑05 to judgment) totalling HKD 450,190; respondent's counterclaims were dismissed; costs awarded to applicant.
1 Mar 2004

HOLIDAY RESORTS (MANAGEMENT) CO LTD v. LU HO BIN ALICE

Citation

HOLIDAY RESORTS (MANAGEMENT) CO LTD v. LU HO BIN ALICE
Court

District Court
Case number

DCCJ20069/2001

The defendant is bound by the Deed of Mutual Covenant as incorporated in the assignment; the Plaintiff retained entitlement to recover unpaid management fees, ferry charges (subject to set-off for proven cash payments), pier repair contribution and related costs despite termination of its appointment because the DMC and assignment bind the defendant; Plaintiff was not shown to have been wilfully negligent; judgment awarded to Plaintiff for the specified sums with interest and costs nisi.
26 Apr 2001

HOLIDAY RESORTS (MANAGEMENT) CO. LTD. v. GRANDCORP LTD.

Citation

HOLIDAY RESORTS (MANAGEMENT) CO. LTD. v. GRANDCORP LTD.
Court

Court of First Instance
Case number

HCA17643/1998

The court allowed the plaintiff to amend its claims and refused the defendants' summons to dismiss because the plaintiff asserted a personal right to reimbursement for advances and remuneration, the proposed amendment was not a surprise given the accounts and affidavits, and dismissal would be impractical and cumbersome given related proceedings and potential vesting of rights in a new manager.
8 Feb 2000

The Incorporated Owners of Tak Cheong Building (Battery Street) v. Tong Wai Tak

Citation

The Incorporated Owners of Tak Cheong Building (Battery Street) v. Tong Wai Tak
Court

Lands Tribunal
Case number

LDBM41/1999

The Tribunal found the Deed of Mutual Covenant and the owners' EGM authorised the lift renovation, the tendering process (invitations to six firms, three tenders received) was not unlawful, accounts were available for inspection and the respondent produced no evidence that the fee was excessive; therefore respondent was liable for arrears, lift contribution and interest and costs.

Hong Kong Case Law

GREAT TOWER DEVELOPMENT LTD v. THE INCORPORATED OWNERS OF LUSO APARTMENTS

THE INCORPORATED OWNERS OF NO 99 WAI YIP STREET 訴 LANTON PROPERTIES LTD

THE INCORPORATED OWNERS OF NO 99 WAI YIP STREET 訴 LANTON PROPERTIES LTD

HOLIDAY RESORTS (MANAGEMENT) CO LTD v. LU HO BIN ALICE

HOLIDAY RESORTS (MANAGEMENT) CO. LTD. v. GRANDCORP LTD.

The Incorporated Owners of Tak Cheong Building (Battery Street) v. Tong Wai Tak