FULLY HK INVESTMENTS LTD AND OTHERS v. POON VAI CHING, THE EXECUTRIX OF THE WILL OF POON KAM CHUEN (DECEASED) AND OTHERS

FULLY HK INVESTMENTS LTD AND OTHERS v. POON VAI CHING, THE EXECUTRIX OF THE WILL OF POON KAM CHUEN (DECEASED) AND OTHERS

The court refused leave to appeal out of time because the eight day delay was inexcusable and, given that, the second respondent failed to demonstrate a real prospect of success; the Lands Tribunal correctly applied Capital Well in holding it need not perform a valuation of special purchaser/marriage value at the section 4(2)(b) stage because such matters are to be resolved by the public auction.

Citation
FULLY HK INVESTMENTS LTD AND OTHERS v. POON VAI CHING, THE EXECUTRIX OF THE WILL OF POON KAM CHUEN (DECEASED) AND OTHERS
Parties
1st Applicant: FULLY H.K. INVESTMENTS LIMITED; 2nd Applicant: SHARP DRAGON INTERNATIONAL INVESTMENT LIMITED; 3rd Applicant: CHEONG WING HOLDINGS LIMITED; 1st Respondent: POON VAI CHING, THE EXECUTRIX OF THE WILL OF POON KAM CHUEN (DECEASED); 2nd Respondent: POON YIU CHUNG EUGENE; 3rd Respondent: POON MING TAK; 4th Respondent: POON MING KING; 5th Respondent: POON KAI CHUNG KEVIN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 April 2007
Case Number
HCMP591/2007
Procedural Posture
Intended Appeal From Land Compulsory Sale Application (miscellaneous Proceedings) / Application for Leave to Appeal Out of Time and for Stay of Execution (refused)
Outcome
Applications refused: leave to appeal out of time denied and application for stay of execution refused.
Legal Topics
Compulsory Sale, Leave to Appeal Out of Time, Stay of Execution, Valuation at Auction, Special Purchaser / Marriage Value, Plot Ratio Impact
Source Language
EN
Property / Land Law Civil Procedure Valuation Law Compulsory Sale Leave to Appeal Out of Time Stay of Execution Valuation at Auction Special Purchaser / Marriage Value +1 more

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Parties

FULLY H.K. INVESTMENTS LIMITED

1st Applicant

SHARP DRAGON INTERNATIONAL INVESTMENT LIMITED

2nd Applicant

CHEONG WING HOLDINGS LIMITED

3rd Applicant

POON VAI CHING, THE EXECUTRIX OF THE WILL OF POON KAM CHUEN (DECEASED)

1st Respondent

POON YIU CHUNG EUGENE

2nd Respondent

POON MING TAK

3rd Respondent

POON MING KING

4th Respondent

POON KAI CHUNG KEVIN

5th Respondent

Procedural Posture

Intended Appeal From Land Compulsory Sale Application (miscellaneous Proceedings) / Application for Leave to Appeal Out of Time and for Stay of Execution (refused)

Legal Issues

  1. 1 Whether the eight day delay in seeking leave to appeal out of time was excusable
  2. 2 Whether the second respondent demonstrated a real prospect of success on the merits
  3. 3 Whether the Lands Tribunal was required to value special purchaser/marriage value (plot ratio 9) when assessing fairness under section 4(2)(b)

Ratio Decidendi

The court refused leave to appeal out of time because the eight day delay was inexcusable and, given that, the second respondent failed to demonstrate a real prospect of success; the Lands Tribunal correctly applied Capital Well in holding it need not perform a valuation of special purchaser/marriage value at the section 4(2)(b) stage because such matters are to be resolved by the public auction.

Court Disposition

Applications refused: leave to appeal out of time denied and application for stay of execution refused.

Orders

  • Summons for leave to appeal out of time dismissed
  • Application for stay of execution dismissed