GILMERTON LTD AND OTHERS v. POLYWIN HOLDINGS LTD AND OTHERS

GILMERTON LTD AND OTHERS v. POLYWIN HOLDINGS LTD AND OTHERS

The Tribunal found on the evidence that the three staircases physically and contractually connect the four buildings and are intended for common use, thereby making s.3(2)(b) applicable and yielding an aggregate majority interest of 93.125%; expert evidence established the buildings and retaining wall are in a state of disrepair and pose danger, satisfying s.4(2)(a); valuation annexed to the application complied with the Ordinance and no variation was required; accordingly an order for compulsory sale for redevelopment was justified and made.

Citation
GILMERTON LTD AND OTHERS v. POLYWIN HOLDINGS LTD AND OTHERS
Parties
1st Applicant: Gilmerton Limited; 2nd Applicant: Wah Shun Enterprises Limited; 3rd Applicant: Power Speed Limited; 4th Applicant: Amberlite Assets Limited; 5th Applicant: Egremont Estates Limited; 6th Applicant: Central Business Resources Limited; 7th Applicant: Multispeed Company Limited; 8th Applicant: Hang Cheong Fat Limited; 9th Applicant: Continental Investment Enterprises Limited; 10th Applicant: China-Invest-Plus Limited; 11th Applicant: International Trader Limited; 12th Applicant: Adventure City Limited; 1st Respondent: Polywin Holdings Limited; 2nd Respondent: Lo Sai Ip; 3rd Respondent: Shum Wah Ki
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
17 January 2005
Case Number
LDCS2000/2004
Procedural Posture
Land (compulsory Sale for Redevelopment) Application / Judgment (lands Tribunal)
Outcome
Order for compulsory sale granted for all undivided shares in the four lots for redevelopment
Legal Topics
Compulsory Sale for Redevelopment, Eligibility Under S.3, Redevelopment Justification Under S.4, Valuation and Apportionment, Trustees Appointment, Dangerous Hillside/retaining Wall
Source Language
EN
Property Law Administrative Law Land Redevelopment Construction and Building Safety Compulsory Sale for Redevelopment Eligibility Under S.3 Redevelopment Justification Under S.4 Valuation and Apportionment +2 more

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Parties

Gilmerton Limited

1st Applicant

Wah Shun Enterprises Limited

2nd Applicant

Power Speed Limited

3rd Applicant

Amberlite Assets Limited

4th Applicant

Egremont Estates Limited

5th Applicant

Central Business Resources Limited

6th Applicant

Multispeed Company Limited

7th Applicant

Hang Cheong Fat Limited

8th Applicant

Continental Investment Enterprises Limited

9th Applicant

China-Invest-Plus Limited

10th Applicant

International Trader Limited

11th Applicant

Adventure City Limited

12th Applicant

Polywin Holdings Limited

1st Respondent

Lo Sai Ip

2nd Respondent

Shum Wah Ki

3rd Respondent

Procedural Posture

Land (compulsory Sale for Redevelopment) Application / Judgment (lands Tribunal)

Legal Issues

  1. 1 Whether applicants satisfied s.3 ownership threshold for multi-lot application
  2. 2 Whether buildings are connected by staircases intended for common use (s.3(2)(b))
  3. 3 Whether redevelopment is justified by age or state of repair (s.4(2)(a))

Ratio Decidendi

The Tribunal found on the evidence that the three staircases physically and contractually connect the four buildings and are intended for common use, thereby making s.3(2)(b) applicable and yielding an aggregate majority interest of 93.125%; expert evidence established the buildings and retaining wall are in a state of disrepair and pose danger, satisfying s.4(2)(a); valuation annexed to the application complied with the Ordinance and no variation was required; accordingly an order for compulsory sale for redevelopment was justified and made.

Court Disposition

Order for compulsory sale granted for all undivided shares in the four lots for redevelopment

Orders

  • Order that all the undivided shares in Nos.4,4A,6 and 6A of Castle Steps (four lots) be sold for redevelopment
  • Appointment of Mr. Ma Ho Fai and Ms. Tsang May Ping (partners of Woo, Kwan, Lee and Lo) as trustees under s.4(1)(c)(i)