Date | Subject | Document |
14.1.2013 | Stanley's
email to the IO on the 自行出通告 innuendo etc. in the minutes of the 25th MC
meeting | Stanley's email |
7.1.2013 | Stanley
issued rebuttal and asked IO to distribute to all owners lest they might be
misled by IO's letter of 5.1.2013. | Stanley's rebuttal |
5.1.2013 | IO
issued letter to all owners claiming (falsely) that the Lands Tribunal has
recognized that the provision of gas mains to individual units would satisfy
owners' right to gas service. |
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31.12.2012 | (i) IO declined invitation to hold joint session;
(ii) Stanley invited IO to comment on the Chronology of events and/or post its documents in full.
(iii) Invitation
to owners distributed after clarification with IO. | (ii) Stanley's email
(iii) Invitation to Owners
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28.12.2012 | IO invited to jointly host discussion session on
external gas pipe. | Stanley's email |
24.12.2012 | IO invited to hold joint session to let owners
decide what should be done regarding whether
an external gas pipe for heating the bathroom is their DMC right. | Stanley's email |
18.12.2012 | Lands Tribunal ruled against hearing the merits of the
claim as the fitting of the internal gas pipe has rendered the external gas
pipe issue 'academic'. The normal costs order was issued. |
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14.12.2012 | Stanley wrote to Lands Tribunal submitting that if the
IO was to pursue costs, then the Tribunal should determine the merits of the
claim before deciding the costs issue. | Stanley's letter |
30.12.2011 | Stanley wrote to Lands Tribunal giving reasons against
costs. | Stanley's letter |
28.11.2011 | Mediation partially successful and internal, not external,
gas pipe was to be installed. No agreement as to costs. |
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30.9.2011 | Stanley wrote to Lands Tribunal indicating consent to take
part in mediation. To 'lay cards on the table', Stanley attached draft skeleton
arguments for trial pointing out that the 'no external gas pipe' policy was a
reversal brought about by the new manager Hong Yip without approval of the then
management committee. | Draft skeleton argument |
19.8.2011 | IO filed Notice of Opposition. |
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27.6.2011 | Stanley filed Claim No. LDBM 205/2011 with Lands
Tribunal after receiving no reply from IO. | Question of law to be decided |
24.6.2011 | Stanley repeated request for joint presentation to
Lands Tribunal. If IO did not act soon, he would have no choice but to file
claim with Lands Tribunal the following week. | Stanley's email |
24.6.2011 | IO reiterated that the final decision had been made
but did not reply to any of the points raised. |
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23.6.2011 | Stanley asked IO :
(i) whether its argument was that :
(a) the
DMC utility rights do not cover external gas pipe, or
(b)
despite an owner's entitlement to the utility rights, such rights are subject
to DMC cl. 18 and/or s. 34I of BMO
(ii) if it was agreeable to joint presentation to
Lands Tribunal for a determination (iii) to let Stanley sight its legal advice as, if persuaded, Stanley might drop the external gas pipe issue altogether IO was asked to reply by 27.6.2011 as Stanley was out
of bathroom heating for 3 months already. | Stanley's email |
23.6.2011 | IO replied referring to previous replies but without giving
answers. |
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20.5.2011 | Stanley, in email 'Building management by 揸住雞毛! ' , proposed joint presentation of the DMC gas pipe utility right clause
to Lands Tribunal for interpretation with each party bearing its own costs. | Stanley's email |
9.5.2011 | IO replied that MC meeting of 5.5.2011 rejected
external pipe request for reason that : (i) external wall was common part; (ii) integrity of external appearance shall be preserved. |
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3.5.2011 | Stanley informed IO that :
(i) refitting an embedded gas pipe was not viable
as the existing pipe was corroded by external wall seepage and unless seepage
was eradicated the new pipe would become leaky again in future; (ii) IO had neglected owners' DMC Section II rights. | Stanley's email |
27.4.2011 | Stanley asked IO what was the policy or criteria for
the manager to give consent under DMC Cl. 18 to 'alter external appearance'. | Stanley's email |
27.4.2011 | Phone discussion between MC Chairman and Stanley. |
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21.4.2011 | Stanley replied :
(i) the court in CACV 40/2003 in allowing the
external gas pipe had already rejected IO's s. 34I 'convert common part'
argument;
(ii) IO's denial of owners' use of gas was anti-
competitive; (iii) IO should answer whether it considered gas bathroom heating was within an owner's DMC right of 'proper use and enjoyment' of his unit or not. | Stanley's email |
19.4.2011 | IO said it received legal advice that an external gas
pipe would 'convert common area to own
use' in breach of s. 34I of
Building Management Ordinance and also affect external appearance. |
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11.4.2011 | Stanley urged IO to reconsider as the Court in CACV
40/2003 had held that installation of external gas pipe would came within the
scope of an owner's right of 'proper use
and enjoyment' of his unit. | Stanley's letter |
7.4.2011 | Rejection by IO citing the following clauses of the
DMC :
(i) Cl. 17 - no signboard ... allowed; (ii) Cl. 18 - no altering external appearance. |
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24.3.2011 | Stanley notified Incorporated Owners ('IO') that gas supply to bathroom was
disconnected by Towngas due to corrosion and leakage of existing embedded gas
pipe, and sought to invoke DMC Section II, Clause A(4) easement rights to
install external gas pipe. | Stanley's letter |
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