plaintiff:
  - THE INCORPORATED OWNERS OF JET FOIL MANSION

defendant:
  - YING KONG COMPANY LIMITED

case_reason: Claims for management fees in arrears for the period between 2005 and 2007, with disputes arising over the construction of the deed of mutual covenants (DMC) governing the building. The respondent challenged the proceedings on grounds that the applicant's solicitors were contracted without proper tender procedure as required under sections 20A(2) and (2B) of the Building Management Ordinance.

judgment_summary: The Lands Tribunal heard five consolidated building management applications (LDBM 371-375/2007) originally filed as small claims. The respondent Ying Kong Company Limited sought to strike out or stay the applications, arguing that the Incorporated Owners contracted their solicitors (S K Lam, Alfred Chan & Co) without following mandatory tender procedures under section 20A of the Building Management Ordinance. The Tribunal examined whether the legal costs exceeded the threshold requiring tender (HK$200,000 or 20% of annual budget, whichever is lesser), and analyzed the effect of non-compliance with section 20A. The Tribunal held that even if section 20A(2) was breached, the contract with solicitors would be voidable rather than void, and could not be set aside without the owners' resolution or court order under section 20A(7). The Tribunal found no basis to strike out the applications, set aside the solicitors' notice to act, or impose personal costs liability on the solicitors. The respondent's amended summons was dismissed with costs to the applicant.

jurisdiction_code: HKLDT

jurisdiction_name: Lands Tribunal of the Hong Kong Special Administrative Region

case_location: Hong Kong Special Administrative Region

case_object:
  - Building management fees recovery
  - Solicitor procurement procedures under Building Management Ordinance
  - Interpretation of section 20A tender requirements
  - Validity of legal representation contracts

judgment_result:
  - charge: Application to strike out or stay proceedings for lack of proper authority
    result: Application dismissed
  - charge: Application to set aside solicitors' notice to act
    result: Application dismissed
  - charge: Application for personal costs order against solicitors
    result: Application dismissed
  - charge: Overall outcome
    result: Respondent's amended summons dismissed with costs to the applicant on District Court scale with certificate for counsel

involved_entities:
  - entity_name: His Hon Judge Leung (Simon Leung, District Judge)
    reason: Presiding Officer who heard the case and rendered the decision
  - entity_name: S K Lam, Alfred Chan & Co
    reason: Solicitors acting for the Incorporated Owners whose authority to act was challenged
  - entity_name: Raymond Tong & Co
    reason: Solicitors acting for the respondent Ying Kong Company Limited
  - entity_name: Kenneth Lam
    reason: Counsel instructed by S K Lam, Alfred Chan & Co for the applicant
  - entity_name: Douglas Lam
    reason: Counsel instructed by Raymond Tong & Co for the respondent
  - entity_name: Building Management Ordinance (section 20A)
    reason: Key legislation governing procurement of services by incorporated owners, central to the dispute
  - entity_name: Small Claims Tribunal
    reason: Original forum where the five claims were filed before transfer to Lands Tribunal
  - entity_name: Jet Foil Mansion
    reason: Multi-storey building at 415-421 Jaffe Road, Wanchai, subject of the management dispute
  - entity_name: Wong Tak Keung Stanley v The Management Committee of the Incorporated Owners of Grenville House (CACV 244/2003)
    reason: Court of Appeal decision cited regarding mandatory nature of section 20A(2) compliance
  - entity_name: The Incorporated Owners of Hip Wo House v Gallant King Development Limited (CACV 429/2006)
    reason: Court of Appeal decision cited regarding effect of non-compliance rendering contract voidable rather than void
  - entity_name: Speedy Gainer Limited v The Incorporated Owners of Malahon Apartments (CACV 336/2004)
    reason: Case cited as example of indemnity principle application in costs disputes


