Progressive Property Management Company Limited v. Yield Bright International Ltd [2022] HKLdT 50; LDBM 289/2019

Matthew represented the respondent, who is a registered owner of several units in a shopping mall in Jordan, defending a claim brought by the applicant, the building manager of the shopping mall for unpaid management fee.

The defence advanced by the respondent includes, inter alia, the building manager’s claim for management fee is in breach of DMC as there was no annual budget prepared by the building manager. The judge ruled in favour of the respondent that the building manger was in breach of DMC by not preparing annual budget for calculation of management fee and thus part of the claim by the building manager was dismissed; the judge however also ruled that, on liability, the respondent is obliged to pay management fee to the building manager under the DMC and ordered that the respondent to liaise and to agree with the budling manager on the amount of unpaid management fee and to pay it accordingly.

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