PACIFIC BASE HOLDINGS LTD AND OTHERS v. LEE HOP BIU AND OTHERS

PACIFIC BASE HOLDINGS LTD AND OTHERS v. LEE HOP BIU AND OTHERS

Citation
[2020] HKLdT 20
Parties
1st Applicant: PACIFIC BASE HOLDINGS Limited; 2nd Applicant: EVER MILLION DEVELOPMENT Limited; 3rd Applicant: EAST KOWLOON PLAZA Limited; 4th Applicant: HARVEST YEAR ESTATE Limited; 5th Applicant: WORLD-WIDE GROCERY STORE Limited; 6th Applicant: S MATE OPTICAL Limited; 7th Applicant: POPULAR WAY ENGINEERING Limited; 8th Applicant: IP SIU PING; 9th Applicant: WORLD CHARM ENTERPRISES LIMITED; 10th Applicant: SUPERWAY DEVELOPMENT LIMITED; 11th Applicant: JOINBO INTERNATIONAL LIMITED; 12th Applicant: MORE YEAR LIMITED; 13th Applicant: PACIFIC GATE (H.K.) LIMITED; 14th Applicant: TANG SHING BOR; 15th Applicant: POP FAME DEVELOPMENT LIMITED; 16th Applicant: TANG YIU SING; 17th Applicant: CITY POWER LIMITED; Respondent: 1st respondent; Respondent: 2nd respondent; Respondent: 3rd respondent; Respondent: 4th respondent; Intended Intervener (dismissed): Lee Hop Biu
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
4 June 2020
Case Number
LDCS14000/2017
Procedural Posture
Land (compulsory Sale for Redevelopment) Main Application / Judgment
Legal Topics
Redevelopment, Ownership Threshold Under Statute, Valuation (euv and Rdv), Reserve Price, Apportionment of Proceeds, Building Authority Approval, Structural Safety, Costs
Source Language
EN
Land Law Compulsory Sale/purchase Building and Construction Valuation Law Redevelopment Ownership Threshold Under Statute Valuation (euv and Rdv) Reserve Price +4 more

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Parties

PACIFIC BASE HOLDINGS Limited

1st Applicant

EVER MILLION DEVELOPMENT Limited

2nd Applicant

EAST KOWLOON PLAZA Limited

3rd Applicant

HARVEST YEAR ESTATE Limited

4th Applicant

WORLD-WIDE GROCERY STORE Limited

5th Applicant

S MATE OPTICAL Limited

6th Applicant

POPULAR WAY ENGINEERING Limited

7th Applicant

IP SIU PING

8th Applicant

WORLD CHARM ENTERPRISES LIMITED

9th Applicant

SUPERWAY DEVELOPMENT LIMITED

10th Applicant

JOINBO INTERNATIONAL LIMITED

11th Applicant

MORE YEAR LIMITED

12th Applicant

PACIFIC GATE (H.K.) LIMITED

13th Applicant

TANG SHING BOR

14th Applicant

POP FAME DEVELOPMENT LIMITED

15th Applicant

TANG YIU SING

16th Applicant

CITY POWER LIMITED

17th Applicant

1st respondent

Respondent

2nd respondent

Respondent

3rd respondent

Respondent

4th respondent

Respondent

Lee Hop Biu

Intended Intervener (dismissed)

Procedural Posture

Land (compulsory Sale for Redevelopment) Main Application / Judgment

Legal Issues

  1. 1 Whether ownership percentage requirements under s3(1),(2) and (5) of Cap 545 are met for the Subject Lots
  2. 2 Whether a lot forming part of a single building can be included when adjoining part is excluded
  3. 3 Whether the Tribunal has power under s4 to make an order for sale of a lot whose adjoining structural part is not included