STARWICK INVESTMENT LTD AND ANOTHER v. YIP KA YIN AND OTHERS

STARWICK INVESTMENT LTD AND ANOTHER v. YIP KA YIN AND OTHERS

Tribunal held applicants met statutory criteria in s4(2): building is aged and in poor state of repair under the tenantable standard and applicants took reasonable steps to purchase remaining shares; tribunal rejected existence of a residual discretion to refuse sale beyond the statutory criteria; accordingly order for sale granted and reserve price set at HK$355,000,000.

Citation
[2023] HKLdT 64
Parties
1st Applicant: STARWICK INVESTMENT LIMITED; 2nd Applicant: RISE COUNTRY LIMITED; 1st Respondent: YIP KA YIN AND LI SIU HA; 2nd Respondent: CHIU KAK WAH
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
3 November 2023
Case Number
LDCS9000/2021
Procedural Posture
Land (compulsory Sale for Redevelopment) Ordinance Application / Judgment
Outcome
Order for sale granted under Cap 545
Legal Topics
Compulsory Sale, Redevelopment, Valuation, Reasonable Steps to Acquire, Age and State of Repair, Tribunal Discretion
Source Language
EN
Property Law Land Law Administrative Law Civil Procedure Compulsory Sale Redevelopment Valuation Reasonable Steps to Acquire +2 more

Case Brief

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Parties

STARWICK INVESTMENT LIMITED

1st Applicant

RISE COUNTRY LIMITED

2nd Applicant

YIP KA YIN AND LI SIU HA

1st Respondent

CHIU KAK WAH

2nd Respondent

Procedural Posture

Land (compulsory Sale for Redevelopment) Ordinance Application / Judgment

Legal Issues

  1. 1 Determination of existing use value (EUV) of all units (Issue 1)
  2. 2 Whether redevelopment justified by age and/or state of repair (Issue 2)
  3. 3 Whether majority owner took reasonable steps to acquire remaining undivided shares (Issue 3)

Ratio Decidendi

Tribunal held applicants met statutory criteria in s4(2): building is aged and in poor state of repair under the tenantable standard and applicants took reasonable steps to purchase remaining shares; tribunal rejected existence of a residual discretion to refuse sale beyond the statutory criteria; accordingly order for sale granted and reserve price set at HK$355,000,000.

Court Disposition

Order for sale granted under Cap 545

Orders

  • All undivided shares in Kowloon Inland Lot No 1331 to be sold by public auction for redevelopment of the lot
  • Ms Anna Chow Suk Han and Mr Anthony Chow Wing Kin appointed as trustees to discharge duties under the Ordinance