PACIFIC CROWN ENTERPRISES LTD v. MAN YU ON AND OTHERS

PACIFIC CROWN ENTERPRISES LTD v. MAN YU ON AND OTHERS

The Ordinance does not contemplate tenants being joined at the stage of an application for an order for compulsory sale; the Intended Party's joinder application was premature and had no reasonable prospects of success, therefore leave to appeal is refused.

Citation
PACIFIC CROWN ENTERPRISES LTD v. MAN YU ON AND OTHERS
Parties
Tenant (intended Party): Intended Party; Majority Owner (applicant Under the Ordinance): Majority Owner
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 February 2013
Case Number
HCMP2846/2012
Procedural Posture
Application for Leave to Appeal Against Lands Tribunal Decision Refusing Joinder Under Land (compulsory Sale for Redevelopment) Ordinance (cap. 545) / Leave to Appeal Application
Outcome
Leave to appeal refused; no oral reconsideration allowed; order nisi that Intended Party pay costs to Majority Owner; directions provided for costs assessment if not agreed.
Legal Topics
Compulsory Sale, Joinder of Parties, Leave to Appeal, Standing of Tenants, Costs
Source Language
EN
Land Law Tenancy Law Civil Procedure Appeal Compulsory Sale Joinder of Parties Leave to Appeal Standing of Tenants +1 more

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Parties

Intended Party

Tenant (intended Party)

Majority Owner

Majority Owner (applicant Under the Ordinance)

Procedural Posture

Application for Leave to Appeal Against Lands Tribunal Decision Refusing Joinder Under Land (compulsory Sale for Redevelopment) Ordinance (cap. 545) / Leave to Appeal Application

Legal Issues

  1. 1 Whether a tenant may be joined as a party at the stage when the Tribunal determines whether to make an order for compulsory sale under the Ordinance
  2. 2 Whether the Tribunal may take tenant rights into account at the pre-sale stage
  3. 3 Whether leave to appeal should be granted where the joinder application is premature and without merit

Ratio Decidendi

The Ordinance does not contemplate tenants being joined at the stage of an application for an order for compulsory sale; the Intended Party's joinder application was premature and had no reasonable prospects of success, therefore leave to appeal is refused.

Court Disposition

Leave to appeal refused; no oral reconsideration allowed; order nisi that Intended Party pay costs to Majority Owner; directions provided for costs assessment if not agreed.

Orders

  • Pursuant to Order 59 rule 2A(8) RHC no party may request this determination to be reconsidered at an oral hearing inter partes.
  • Order nisi that the Intended Party shall pay the costs of this application to the Majority Owner.