5 Mar 2021
NG YUI TONG v. TAIKOO SHING (MANAGEMENT) LTD
- Citation
- [2021] HKLdT 10
- Court
- Lands Tribunal
- Case number
- LDBM116/2019
The Tribunal held that under Clause 7(a), read in context and in light of the estate’s management structure (Representative Committee and MLC) and historical practice, the manager has authority to organise community and recreational activities as acts reasonably incidental to management (Clause 7(a)(24)) when approved through the prescribed representative and budgetary processes; the planter is a common part because no registered instrument reserved it for exclusive use and the assignment plan excludes it; the DMC exemption clause bars damages absent criminality, dishonesty or wilful negligen…