11 Mar 2025
THE INCORPORATED OWNERS OF BALWIN COURT v. FONG SHIU CHUNG
- Citation
- [2025] HKCFI 1078
- Court
- Court of First Instance
- Case number
- HCSA73/2024
The DMC must be construed holistically: clauses 4(f)(2)–(4) and the Third Schedule specifically exclude carpark owners from paying security deposits and monthly contributions (they are recorded as zero), and clause 4(f)(4) confines further contributions to those who pay monthly sums; accordingly carpark owners are not liable for management fees and the claimant’s appeal is unarguable and without reasonable prospect of success, so leave to appeal is dismissed.