Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Service charges/management fees

  • 1 Nov 2019

    WIN GLORIES LTD v. MAJORLUCK LTD

    Citation
    [2019] HKCA 1226
    Court
    Court of Appeal
    Case number
    CACV506/2018

    Clause 3's natural and ordinary meaning confines "joint charges" to charges in the genus of utilities and rates for common parts (ie third‑party utility and rates charges related to common areas) and does not extend to usual management expenses such as manager's staff costs, cleaning staff wages, gardening and decoration. Accordingly the Tenant was not liable to pay the management expenses charged; the Tribunal's calculation must be adjusted to exclude management staff costs, but the Tribunal's chosen multiplier (tenant area/total area) was not interfered with. Appeal allowed and Tribunal ord…

  • 4 Jan 1989

    PROMISING REALTY LTD. v. LAM WAI SHAN

    Citation
    PROMISING REALTY LTD. v. LAM WAI SHAN
    Court
    Court of Appeal
    Case number
    CACV120/1988

    The court held that misapportionment by the manager does not discharge an owner's obligation to pay contributions when due; once the manager has divided the budget into the relevant categories, apportionment among commercial units is an arithmetical calculation by gross floor area, and overclaim can be corrected subsequently. Because the trial lacked essential discovery (gross floor areas of other blocks) and evidence to quantify what was due, the appeal was allowed and a retrial ordered to determine quantum and whether the lower rates on certain large units and the restaurant were permissibl…