Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Meetings and quorum
  • 6 Jan 2012

    THE INCORPORATED OWNERS OF NO. 34F, BRAGA CIRCUIT v. WAI SO LIN SHIRLEY

    Citation
    THE INCORPORATED OWNERS OF<br>NO. 34F, BRAGA CIRCUIT v. WAI SO LIN SHIRLEY
    Court
    District Court
    Case number
    DCCJ1244/2010

    The Deed of Mutual Covenant read with Section 20 of the Building Management Ordinance authorises the levying of management fees; the Defendant failed to prove the factual allegations (mismanagement, harassment, persistent UBWs, invalid meetings, res judicata) sufficient to defeat the Plaintiff's contractual/statutory claim; the 10 April 2003 resolution was valid as to No.34F; therefore the Defendant is liable for outstanding management fees and counterclaims fail; limited statutory breaches (bank account naming and certificate display) do not excuse non-payment and do not justify injunctions.