MANY GAIN INVESTMENT LTD v. CHAN FAI HO AND OTHERS

MANY GAIN INVESTMENT LTD v. CHAN FAI HO AND OTHERS

The Tribunal held that the Ordinance's definition of minority owner includes paper/register owners; there was no abuse or fatal duplication in proceeding before resolution of related proceedings and s4(6)(a)(iii)(A) permits continuation; the 1st respondent's costs application was dismissed and the applicant's costs were summarily assessed at HK$4,000; the trial was adjourned sine die because the Tribunal cannot set a reserve price reflecting composite redevelopment potential unless all adjoining lots are brought before the same Tribunal for directions and a single auction.

Citation
MANY GAIN INVESTMENT LTD v. CHAN FAI HO AND OTHERS
Parties
2nd Respondent (discontinued): A LAI AND CHAN KA BO; 3rd Respondent (discontinued): TSUI HING YIN; 4th Respondent: ALL LUCKY DEVELOPMENT LIMITED
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
29 November 2013
Case Number
LDCS28000/2012
Procedural Posture
Compulsory Sale Under the Land (compulsory Sale for Redevelopment) Ordinance / Decision on Costs and Adjournment; Trial Adjourned Sine Die With Liberty to Restore
Outcome
1st respondent's costs application dismissed; leave granted to withdraw Amended Notice of Opposition with no order as to costs; trial adjourned sine die with liberty to restore; applicant's costs assessed at HK$4,000; no order as to costs of the adjournment.
Legal Topics
Compulsory Sale, Redevelopment Valuation, Costs, Adjournment, Trust and Beneficial Ownership, Reserve Price
Source Language
EN
Property Law Civil Procedure Compulsory Sale Redevelopment Valuation Costs Adjournment Trust and Beneficial Ownership Reserve Price

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Parties

A LAI AND CHAN KA BO

2nd Respondent (discontinued)

TSUI HING YIN

3rd Respondent (discontinued)

ALL LUCKY DEVELOPMENT LIMITED

4th Respondent

Procedural Posture

Compulsory Sale Under the Land (compulsory Sale for Redevelopment) Ordinance / Decision on Costs and Adjournment; Trial Adjourned Sine Die With Liberty to Restore

Legal Issues

  1. 1 Whether the definition of "minority owner" in the Ordinance excludes paper owners/register holders
  2. 2 Whether commencement of compulsory sale proceedings duplicates other proceedings (HCA 1448/2011) and constitutes abuse
  3. 3 Whether the Tribunal can take into account redevelopment potential of adjoining lots not before it when fixing reserve price

Ratio Decidendi

The Tribunal held that the Ordinance's definition of minority owner includes paper/register owners; there was no abuse or fatal duplication in proceeding before resolution of related proceedings and s4(6)(a)(iii)(A) permits continuation; the 1st respondent's costs application was dismissed and the applicant's costs were summarily assessed at HK$4,000; the trial was adjourned sine die because the Tribunal cannot set a reserve price reflecting composite redevelopment potential unless all adjoining lots are brought before the same Tribunal for directions and a single auction.

Court Disposition

1st respondent's costs application dismissed; leave granted to withdraw Amended Notice of Opposition with no order as to costs; trial adjourned sine die with liberty to restore; applicant's costs assessed at HK$4,000; no order as to costs of the adjournment.

Orders

  • Dismiss 1st respondent's application with costs and with certificate for counsel
  • Leave granted to the 1st Respondent to withdraw Amended Notice of Opposition filed 9 January 2013 with no order as to costs