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LDBM 167/2019
[2023] HKLdT 27
IN THE LANDS TRIBUNAL OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
BUILDING MANAGEMENT APPLICATION NO 167 OF 2019
___________________
BETWEEN
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宏德居業主立案法團
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Applicant
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and
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人人汽車有限公司
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1
st
Respondent
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Hong Kong Flute Centre &
Music Co., Limited
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2
nd
Respondent
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___________________
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Before:
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His Honour Judge M WONG, Presiding Officer of the Lands Tribunal
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Dates of Hearing:
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7-10 February 2022
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Date of Last Submission of Written Submissions:
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12 April 2022
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Date of Handing Down of Judgment:
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31 March 2023
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J U D G M E N T
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Background
1.
The applicant is the owners’ corporation of Walton Estate, Nos 341 & 343 Chai Wan Road and Nos 1 & 3 Yee Shun Street, Hong Kong (“the Estate”).
2.
The 1
st
respondent is the owner of Shop No 90, Ground Floor and Shop Nos 1 to 127, First Floor at Block B of the Estate (“the 1
st
respondent’s shops”).
3.
The 2
nd
respondent is the owner of Carpark Nos 1-19, 21-24, 26-28, 30-37, 39-49, 51-74, 76-87, 89-99, 103-106, 109-113, 115-119, 121, 123-124, 127, 130-131, 133-134, 136 & 138-151 of the Estate (“the 2
nd
respondent’s carparks”).
4.
The applicant’s claim against the 1
st
respondent is for outstanding management fees in respect of the 1
st
respondent’s shops for the period from April 2018 until the date of the order to be made herein, together with interest thereon and collection charge pursuant to clause 2 in section E of Part VI of the Estate’s deed of mutual covenant (“the DMC”).
5.
However, the applicant only provided the amount of the outstanding management fees from April 2018 up to February 2022 totalling $3,087,038 in its closing submissions. It is not clear how much management fees are outstanding from March 2022 onwards. Thus, even if the applicant succeeds in its claim against the 1
st
respondent, I will only award the outstanding management fees from April 2018 to February 2022 in the sum of $3,087,038, and the applicant has to claim the outstanding management fees from March 2022 onwards by way of a separate action.
6.
The applicant’s claim against the 2
nd
respondent is for outstanding management fees in respect of the 2
nd
respondent’s carparks for the period from January 2019 until the date of the order to be made herein, together with interest thereon and collection charge pursuant to clause 2 in section E of Part VI of the DMC.
7.
Likewise, the applicant only provided the amount of the outstanding management fees from January 2019 up to January 2022 totalling $1,217,760 in its closing submissions. It is not clear how much management fees are outstanding from February 2022 onwards. Thus, even if the applicant succeeds in its claim against the 2
nd
respondent, I will only award the outstanding management fees from January 2019 to January 2022 in the sum of $1,217,760, and
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