Hong Kong Case Law: Decisions & Judgments

Topic

Validity of written resolutions

Legal area

Court

17 Sept 2004

GALLIUM DEVELOPMENT LTD AND OTHERS v. WINNING PROPERTIES MANAGEMENT LTD AND ANOTHER

Citation

GALLIUM DEVELOPMENT LTD AND OTHERS v. WINNING PROPERTIES MANAGEMENT LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV400/2003

Written resolutions under clause 27(l) of the DMC do not satisfy the approval requirement of s34I(1)(a) BMO in the absence of an owners' committee; consequently the conversion of common parts by R2 was unlawful and sums taken from the Sinking Fund must be repaid. The manager (R1) acted with wilful negligence by failing to exercise independent judgment and is not protected by Clause 12 exemption; R1 must repay overcharged management fees. Disputed ancillary expenditures in Annexes A,B,C are remitted for factual determination and reallocation, with resulting repayments and adjustments to be mad…
24 Jun 2003

GALLIUM DEVELOPMENT LTD AND OTHERS v. WINNING PROPERTIES MANAGEMENT LTD AND ANOTHER

Citation

GALLIUM DEVELOPMENT LTD AND OTHERS v. WINNING PROPERTIES MANAGEMENT LTD AND ANOTHER
Court

Lands Tribunal
Case number

LDBM121/2000

Basement-floor conversion claims were excluded for being a departure from pleadings; written resolutions of the majority owner did not satisfy the statutory requirement for owners committee approval under s.34I of Cap.344, so conversions altering common areas on the 1st–3rd floors were not authorised by statute or properly by the DMC and are invalid; the applicants' expert evidence established that common areas were reduced/increased but was insufficiently precise to quantify exact amounts; there was no reliable evidence to displace the audited accounts or to show wilful negligence or overcha…

Hong Kong Case Law

GALLIUM DEVELOPMENT LTD AND OTHERS v. WINNING PROPERTIES MANAGEMENT LTD AND ANOTHER

GALLIUM DEVELOPMENT LTD AND OTHERS v. WINNING PROPERTIES MANAGEMENT LTD AND ANOTHER