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Court orders owners to pay landlord $23m

But many are too old to afford the $200,000 per flat required

Owners of flats in a 30-year-old building involved in a lethal accident 10 years ago have to repay the landlord $23 million in compensation and costs it has already paid.

But the owners of 20 to 30 of the building's 90 flats are over 60 and unable to pay, according to a district councillor. And some say they bought their flats after the fatal accident and should not be liable.

Mr Justice Aarif Barma yesterday ordered the winding up of the Incorporated Owners of Albert House and ordered the owners to pay the debt.

The order, in the Court of First Instance, was in relation to the collapse of an illegal fish tank and 15-tonne canopy on the first floor that killed a newspaper vendor and injured eight people.

Wilson Yeung, lawyer for the landlord, Aberdeen Winner Investment Co Ltd, said each unit would have to pay about $200,000.

Mr Yeung said his client had paid more than $50 million, including legals costs, interest and compensation the Incorporated Owners and Aberdeen Winner were jointly supposed to pay the victims, and had failed to get the Incorporated Owners to pay their share.

'Despite our repeated requests asking the Incorporated Owners to pay, they have refused,' he said.

'Today they asked the court to adjourn. On the one hand they do not call a meeting to ask the owners to pay up, and on the other they are asking the court to adjourn indefinitely. Of course the court refused.' Mr Yeung said more than half the amount owed was for legal costs incurred by the other side in the original personal injuries case.

After the order was made, owners sought advice from district councillor Allan Shek Kwok-keung, who criticised Incorporated Owners chairman Chung Chi-wan for not consulting the owners before taking the matter to court.

One owner, a Ms Tsang, said she bought her flat after the tragedy and had no idea the building was involved in such an accident.

Mr Chung was unavailable for comment yesterday.

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