46 lines
2.8 KiB
YAML
46 lines
2.8 KiB
YAML
plaintiff:
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- THE INCORPORATED OWNERS OF JET FOIL MANSION
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defendant:
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- YING KONG COMPANY LIMITED
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jurisdiction_code: HKLDT
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jurisdiction_name: Lands Tribunal of the Hong Kong Special Administrative Region
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case_location:
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- 香港特別行政區
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- Hong Kong Special Administrative Region
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case_reason: >-
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The Applicant (Incorporated Owners of Jet Foil Mansion) seeks to challenge Ying Kong Company Limited's
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summons to strike out the Applications and other orders related to these management fee claims,主张
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case_object:
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- 管理费索赔
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judgment_result:
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- charge: Application for stay on the ground set out in paragraph 1(a) of the amended summons (liability
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issue)
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result: Disallowed. The court found that SKLAC had proper authority to act for and on behalf of the
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IO, and there is no basis to say they acted without such authority.
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- charge: Application for stay on the ground set out in paragraph 1(b) of the amended summons (liability
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issue)
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result: Disallowed. The court found that SKLAC's notice to act was valid and there is no basis to set
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it aside at this moment.
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- charge: Order for SKLAC to bear costs personally (quantum issue)
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result: Dismissed. There is no basis for the order that SKLAC be personally liable for the costs of
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and occasioned by these Applications on an indemnity basis.
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- charge: Any other order for the further conduct of these Applications (liability issue)
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result: Disallowed. The court concluded that section 20A(7) does not apply to this case, and Ying Kong's
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amended summons is dismissed with costs to the IO.
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- charge: Costs (quantum issue)
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result: The amended summons is dismissed with costs to the IO. Costs shall be taxed on the District
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Court scale, if not agreed, with certificate for counsel. In the absence of any appointment within
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14 days to argue costs, this costs order shall become absolute.
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judgment_summary: >-
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本案涉及Jet Foil Mansion业主（原告）与Ying Kong公司关于管理费索赔的纠纷。法院分析了原告聘请SKLAC作为代理人是否具有适当授权，以及原告提起诉讼是否存在不当行为等问题。法院认为，原告聘请SKLAC的行为有效，并未违反相关法律规定。最终判决驳回被告要求撤销原告申请及其他相关请求，并裁定由Ying
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Kong公司承担诉讼费用。
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involved_entities:
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- entity_name: His Hon Judge Leung
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reason: Presiding judge in this case, responsible for fact-finding and adjudication.
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- entity_name: Ying Kong Company Limited
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reason: Respondent in the case against The Incorporated Owners of Jet Foil Mansion.
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- entity_name: The Incorporated Owners of Jet Foil Mansion
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reason: Applicant in the case against Ying Kong Company Limited.
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- entity_name: Messrs S K Lam, Alfred Chan & Co (SKLAC)
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reason: Solicitors acting for The Incorporated Owners of Jet Foil Mansion in these Applications.
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