FORTRESS JET LTD AND OTHERS v. TANG HOI YIP AND CHEUNG SAU CHAN PROPERTY LTD AND OTHERS

FORTRESS JET LTD AND OTHERS v. TANG HOI YIP AND CHEUNG SAU CHAN PROPERTY LTD AND OTHERS

The summons was dismissed because there is no rule or power under Cap 545 to coerce inclusion and sale of adjoining lots owned by third parties who do not share a proprietary interest with the parties to the application, and the interlocutory application was made so late as to be self-induced and prejudicial to trial preparation; Basic Law arguments did not alter this conclusion.

Citation
FORTRESS JET LTD AND OTHERS v. TANG HOI YIP AND CHEUNG SAU CHAN PROPERTY LTD AND OTHERS
Parties
Applicants: 1st to 3rd Applicants; Respondents (interlocutory Applicants): 1st and 3rd Respondents; Majority Owner / Applicant: AS; Adjoining Owner / Intended Respondent: Golden United Limited; Adjoining Owner / Intended Respondent: Earn Centre Limited
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
15 March 2017
Case Number
LDCS3000/2015
Procedural Posture
Compulsory Sale Under Land (compulsory Sale for Redevelopment) Ordinance (cap 545) / Interlocutory Application to Join Parties and Amend Pleadings, Pre Trial (application Dismissed)
Outcome
Interlocutory summons dismissed with costs
Legal Topics
Compulsory Sale, Joinder of Parties, Valuation/redevelopment Value, Basic Law Article 105 (compensation)
Source Language
EN
Property Law Constitutional Law Civil Procedure Compulsory Sale Joinder of Parties Valuation/redevelopment Value Basic Law Article 105 (compensation)

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Parties

1st to 3rd Applicants

Applicants

1st and 3rd Respondents

Respondents (interlocutory Applicants)

AS

Majority Owner / Applicant

Golden United Limited

Adjoining Owner / Intended Respondent

Earn Centre Limited

Adjoining Owner / Intended Respondent

Procedural Posture

Compulsory Sale Under Land (compulsory Sale for Redevelopment) Ordinance (cap 545) / Interlocutory Application to Join Parties and Amend Pleadings, Pre Trial (application Dismissed)

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction under Cap 545 to coerce inclusion and sale of adjoining lots not co-owned by the parties to the application
  2. 2 Whether the Land (Compulsory Sale for Redevelopment) Ordinance must be purposively construed to require inclusion of adjoining lots to secure 'real value' under Basic Law Article 105
  3. 3 Whether Article 105 of the Basic Law applies to private compulsory sale orders under Cap 545

Ratio Decidendi

The summons was dismissed because there is no rule or power under Cap 545 to coerce inclusion and sale of adjoining lots owned by third parties who do not share a proprietary interest with the parties to the application, and the interlocutory application was made so late as to be self-induced and prejudicial to trial preparation; Basic Law arguments did not alter this conclusion.

Court Disposition

Interlocutory summons dismissed with costs

Orders

  • Summons dated 15 February 2017 dismissed
  • Costs awarded to the 1st to 3rd Applicants and Intended Respondents