GROUP LEADER LTD AND OTHERS v. HUI SUN FAT AND OTHERS

GROUP LEADER LTD AND OTHERS v. HUI SUN FAT AND OTHERS

The Court held the Director's contention that s.8(1) encompasses non‑proprietary rights was unsustainable because the statutory definition in s.8(6) confines 'rights of any prior owner' to rights arising from ownership of an undivided share which affect the lot; therefore the Director's grounds were not reasonably...

Source-derived case information.

Citation
GROUP LEADER LTD AND OTHERS v. HUI SUN FAT AND OTHERS
Parties
Applicants: 1st to 9th Applicants; 5th Respondent (discontinued): Estate of Fok Ying Tung; 6th Respondent (personal Representative) (discontinued): Li Ah Cho; 7th Respondents (executors): Tam Wing Hong; Tam Fun Lin; 8th Respondent (discontinued): Wong Kum Wah; 9th Respondent (discontinued): Chan Kian Chong; 14th Respondent: Secretary for Justice; 15th Respondent: Jin Yu Chia; 16th Respondent: The Incorporated Owners of Western Court; 17th Respondent: Director of Lands
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
24 June 2016
Case Number
CACV110/2015
Procedural Posture
Civil Appeal Concerning Compulsory Sale Under Land (compulsory Sale for Redevelopment) Ordinance (cap.545) / Notices of Motion Seeking Leave to Appeal to the Court of Final Appeal (post Judgment Applications)
Outcome
Notices of Motion dismissed; leave to appeal refused
Legal Topics
Compulsory Sale for Redevelopment (lcsro), Locus Standi, Undivided Shares, Bona Vacantia, Market Value Assessment, Leave to Appeal, Service of Notices
Source Language
en
Property Law Land Law Civil Procedure Administrative Law Statutory Interpretation Compulsory Sale for Redevelopment (lcsro) Locus Standi Undivided Shares +4 more

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Parties

1st to 9th Applicants

Applicants

Estate of Fok Ying Tung

5th Respondent (discontinued)

Li Ah Cho

6th Respondent (personal Representative) (discontinued)

Tam Wing Hong; Tam Fun Lin

7th Respondents (executors)

Wong Kum Wah

8th Respondent (discontinued)

Chan Kian Chong

9th Respondent (discontinued)

Secretary for Justice

14th Respondent

Jin Yu Chia

15th Respondent

The Incorporated Owners of Western Court

16th Respondent

Director of Lands

17th Respondent

Procedural Posture

Civil Appeal Concerning Compulsory Sale Under Land (compulsory Sale for Redevelopment) Ordinance (cap.545) / Notices of Motion Seeking Leave to Appeal to the Court of Final Appeal (post Judgment Applications)

Legal Issues

  1. 1 Whether the Government has locus standi to be joined or to intervene in a compulsory sale application under the LCSRO where undivided shares were assigned subject to a covenant not to dispose without Government approval
  2. 2 Whether the phrase 'all the rights of any prior owner' in s.8(1) of the LCSRO includes non-proprietary rights that do not run with the land
  3. 3 Whether the market value under Part 1 of Schedule 1 to the LCSRO should be assessed by reference to a hypothetical sale between hypothetical buyer and seller (existing use value)

Ratio Decidendi

The Court held the Director's contention that s.8(1) encompasses non‑proprietary rights was unsustainable because the statutory definition in s.8(6) confines 'rights of any prior owner' to rights arising from ownership of an undivided share which affect the lot; therefore the Director's grounds were not reasonably arguable and leave to appeal was refused; consequently the separate market value issue need not be determined by this Court.

Court Disposition

Notices of Motion dismissed; leave to appeal refused

Orders

  • Dismissed the Motion in CACV 61 of 2015 (leave to appeal refused)
  • Dismissed the Notice of Motion in CACV 110 of 2015