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LDBM 182/2021
LDBM 212/2022
(Consolidated)
[2025] HKLdT 28
IN THE LANDS TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
BUILDING MANAGEMENT APPLICATION NO 182 OF 2021
__________________________
BETWEEN
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金基大廈(筲箕灣東大街)業主立案法團
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Applicant
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and
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BRAVE ONE INVESTMENTS LIMITED
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Respondent
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__________________________
IN THE LANDS TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
BUILDING MANAGEMENT APPLICATION NO 212 OF 2022
__________________________
BETWEEN
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金基大廈(筲箕灣東大街)業主立案法團
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Applicant
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and
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BRAVE ONE INVESTMENTS LIMITED
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Respondent
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__________________________
(LDBM 182/2021 and LDBM 212/2022 are consolidated and proceeded as one action by name of LDBM 182/2021, pursuant to the Order made by Deputy District Judge M Lam (as she then was) on 11 December 2023)
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Before:
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Her Honour Judge LJ Cruden, Presiding Officer of the Lands Tribunal
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Dates of Trial:
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26-27 November 2024 &
7 January 2025
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Date of Handing Down of Judgment:
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3 June 2025
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J U D G M E N T
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1.
The applicant is the Incorporated Owner of Kam Key Mansion (“IO”) Nos. 141-151 Shau Kei Wan Main Street East, Hong Kong (“Building”). Since February 2015, the respondent has been the registered owner of Shops A-D on G/F, 1/F, 2/F and 3/F of the Building (“Premises”). The Deed of Mutual Covenant dated 15 February 1988 (“DMC”) prescribes the parties respective duties and obligations. The IO is represented by Ms Fiona Chong. The respondent is represented by Mr Iverson Wong.
2.
LDBM 182/2021 is a claim for outstanding management fees of $39,945 per month from November 2020 to August 2021, totalling HK$399,450.
3.
LDBM 212/2022 is a claim for outstanding management fees of $39,945 per month from September 2021 to February 2024 and HK$32,400 per month thereafter. On 12 November 2024, the respondent through its solicitors Ernest Li & Co (“EL”) paid HK$259,200 representing the management fees from March 2024 to October 2024 to the IO through its solicitors Cheung & Yip (“C&Y”) without prejudice. The respondent counterclaims against the IO for a refund of the overpaid management fees and/or a set off of the overpaid amount against any outstanding amount.
4.
The calculation of the management fees in respect of the Premises from March 2015 to February 2024 are set out in the Annexure attached hereto. The calculation was provided by the respondent and is accepted as accurate by the IO.
The IO’s case
5.
The IO’s case is that current outstanding management fees are:-
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Period
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Amount per month (HK$)
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Total amount outstanding (HK$)
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September 2021 – December 2023
(28 months)
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39,945
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1,118,460
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January 2024 –
February 2024
(2 months)
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39,945
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79,890
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March 2024 – November 2024
(9 months)
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32,400
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291,600
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