15 Jun 2004
THE INCORPORATED OWNERS OF GREENLAND VILLAS v. WONG SUI FUNG AND ANOTHER
- Citation
- THE INCORPORATED OWNERS OF GREENLAND VILLAS v. WONG SUI FUNG AND ANOTHER
- Court
- Lands Tribunal
- Case number
- LDBM321/2000
While an owners incorporation has statutory duties to enforce the DMC and must take reasonable and necessary steps, it is not under an absolute duty to commence or be compelled to conduct litigation in every dispute; where the minority is not oppressed, alternative remedies exist and damages for breach of statutory duty are inappropriate; therefore, on the facts the Respondents' counter‑claim for mandatory relief and damages is dismissed and the Applicant succeeds on the main claim, with costs to Applicant despite the Tribunal finding that the corporation technically failed to take certain in…