ANLING LTD AND OTHERS v. HULTUCKTONG ENTERPRISES LTD AND OTHERS

ANLING LTD AND OTHERS v. HULTUCKTONG ENTERPRISES LTD AND OTHERS

The Tribunal held that applicants met the statutory ownership threshold (applying the 80% threshold in the Notice), accepted the applicants' unchallenged expert valuations of EUV as fair and reasonable, found redevelopment justified on age and state of repair based on uncontradicted expert evidence, and that...

Source-derived case information.

Citation
ANLING LTD AND OTHERS v. HULTUCKTONG ENTERPRISES LTD AND OTHERS
Parties
Applicants: 1st to 7th applicants; Respondent: 2nd respondent; Respondent: 3rd respondent; Respondent: 5th respondent; Respondents (unrepresented): 1st,11th,19th,28th,29th and 33rd respondents
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
1 November 2017
Case Number
LDCS1000/2015
Procedural Posture
Compulsory Sale for Redevelopment Under the Land (compulsory Sale for Redevelopment) Ordinance (cap 545) / Judgment (application Determined)
Outcome
Order for compulsory sale granted in favour of applicants
Legal Topics
Compulsory Sale, Redevelopment, Valuation of Existing Use Value and Redevelopment Value, Reasonable Steps to Acquire Minority Shares, Age and State of Repair, Reserve Price for Auction, Appointment of Trustees
Source Language
en
Property Law Land Law Administrative Law Valuation Law Planning Law Compulsory Sale Redevelopment Valuation of Existing Use Value and Redevelopment Value +4 more

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Parties

1st to 7th applicants

Applicants

2nd respondent

Respondent

3rd respondent

Respondent

5th respondent

Respondent

1st,11th,19th,28th,29th and 33rd respondents

Respondents (unrepresented)

Procedural Posture

Compulsory Sale for Redevelopment Under the Land (compulsory Sale for Redevelopment) Ordinance (cap 545) / Judgment (application Determined)

Legal Issues

  1. 1 Whether applicants satisfied statutory ownership threshold to make application
  2. 2 Whether Tribunal should determine and accept the applicants' valuation of existing use values (EUV)
  3. 3 Whether redevelopment of the lots is justified by age and state of repair

Ratio Decidendi

The Tribunal held that applicants met the statutory ownership threshold (applying the 80% threshold in the Notice), accepted the applicants' unchallenged expert valuations of EUV as fair and reasonable, found redevelopment justified on age and state of repair based on uncontradicted expert evidence, and that applicants had taken reasonable steps to acquire remaining shares; accordingly the Tribunal ordered a compulsory public auction for redevelopment, appointed trustees and set the reserve price at the assessed RDV of $2,055,000,000.

Court Disposition

Order for compulsory sale granted in favour of applicants

Orders

  • All undivided shares in the lots to be sold by public auction for redevelopment under section 4(1)(b) of the Ordinance
  • Mr Chow Wing Kin Anthony and Ms Chow Suk Han Anna appointed as trustees to discharge duties under the Ordinance and authorized to charge remuneration as set out by Messrs Guantao & Chow