Read the full judgment text of CACV 000282/2004 on BabelCite. This Court of Appeal judgment was delivered on 5 May 2005 before Cheung JA, Yeung JA, Yam J.
Building management – deed of mutual covenant – sub-deed – renovation charges – proportion of undivided shares – Building Management Ordinance (Cap 344) s.22(2) – The Incorporated Owners of Po Lok Mansion sought renovation charges from the respondent, owner of two commercial units, based on the DMC proportion. The respondent argued for the Sub-DMC proportion. The Court of Appeal held that the DMC binds all owners and the Incorporated Owners must collect charges according to the DMC, not the Sub-DMC which only binds parties to it. Appeal dismissed with costs order nisi.
Legal issues: Proportion of renovation charges under DMC vs Sub-DMC
Outcome: Appeal dismissed; decision of the Lands Tribunal affirmed.
Cited by 9 cases