23 Jun 2004
THE GRANDE PROPERTIES MANAGEMENT LTD v. SUN WAH ORNAMENT MANUFACTORY LTD
- Citation
- THE GRANDE PROPERTIES MANAGEMENT LTD v. SUN WAH ORNAMENT MANUFACTORY LTD
- Court
- Court of First Instance
- Case number
- HCA4741/2001
The 1997 notice failed to specify the intention to propose and pass the substantial 1997 Resolution and the saving provisions in the DMC do not validate a resolution that imposes retrospective liabilities beyond matters flowing from the notified agenda; Clause 12 does not save non‑accidental or non‑proved omissions; resolutions passed in 1997 and 2001 imposing retrospective liability were ineffective; the manager may incur ordinary repair and maintenance expenses without prior owners' approval but not substantial unauthorised renovation; accordingly both of the Plaintiff's actions for contrib…