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Building Management Application1999

The Incorporated Owners Of Luso Apartments v. Great Tower Development Ltd.

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21374-EN-1999-11-24

The Incorporated Owners Of Luso Apartments v. Great Tower Development Ltd.

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LDBM000133/1999

IN THE LANDS TRIBUNAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

Building Management Application No. LDBM 133 of 1999

_________________

The Incorporated Owners Of Luso ApartmentsApplicant
AND
Great Tower Development LimitedRespondent

________________

Coram : Deputy Judge LEE and Member W K LO

Dates of Hearing : 25 October 1999 and 24 November 1999

Date of Judgment : 24 November 1999

Date of Reasons for Judgment: 16 December 1999

___________________________

REASONS FOR DECISION

___________________________

1. The notice and agenda dated 18th March 1999 for the Applicant's Annual General Meeting on 26th March 1999 was invalid because of insufficient notice.

2. The agenda for the Electoral General Meeting on 30th April 1999 did not provide for the rectification of the election on 26th March 1999 or a new election of the 20th management committee.

3. The 20th Management Committee has no valid locus standi when calling for the Electoral General Meeting on 30th April 1999. The Electoral General Meeting is not a valid meeting of the Incorporated Owners. Whatever is resolved in that meeting is not binding on the owners.

H. M. LEEW K LO
Presiding OfficerMember

Representation:

Lands Tribunal Lands Tribunal

Mr Tse To Chuen of Messrs Joseph S.C. Chan & Co for the applicant.

The respondent in person.