PINE HARVEST LTD AND ANOTHER v. HUI CHE SHING AND ANOTHER

PINE HARVEST LTD AND ANOTHER v. HUI CHE SHING AND ANOTHER

Applicants satisfied the statutory ownership threshold as modified by the s.3(5) notice; expert evidence established the Buildings are aged and in a dangerous state making redevelopment justified; the applicants took reasonable steps to procure minority interests including offers and attempted agreements; the valuation evidence was accepted as fair and reasonable (including assessment for the deceased owner); accordingly the Tribunal ordered compulsory sale by public auction for redevelopment, fixed the reserve price at HK$163,970,000 and appointed the proposed trustees.

Citation
PINE HARVEST LTD AND ANOTHER v. HUI CHE SHING AND ANOTHER
Parties
1st Applicant: PINE HARVEST LIMITED; 2nd Applicant: JUMBO TIME DEVELOPMENT LIMITED; 1st Respondent (discontinued): HUI CHE SHING as the Executor of the estate of HOI CHEUNG YOK SUM (Deceased); 2nd Respondent: The personal representative of SIK CHI SHEUNG (formerly known as TSUI SAU YUNG) (Deceased)
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
22 August 2013
Case Number
LDCS48000/2012
Procedural Posture
Land (compulsory Sale for Redevelopment) Application / Judgment
Outcome
Order made for compulsory sale of all undivided shares in the Lots by public auction for purposes of redevelopment; trustees appointed; reserve price fixed; particulars and conditions of sale approved.
Legal Topics
Compulsory Sale for Redevelopment, Existing Use Value (euv) Valuation, Redevelopment Value (rdv) Valuation, Section 3(5) Specification of Lower Percentage, Reasonable Steps to Acquire Minority Shares, Reserve Price Determination, Appointment of Sale Trustees
Source Language
EN
Property Law Land Law Statutory Interpretation Valuation Building and Safety Regulation Compulsory Sale for Redevelopment Existing Use Value (euv) Valuation Redevelopment Value (rdv) Valuation +4 more

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Parties

PINE HARVEST LIMITED

1st Applicant

JUMBO TIME DEVELOPMENT LIMITED

2nd Applicant

HUI CHE SHING as the Executor of the estate of HOI CHEUNG YOK SUM (Deceased)

1st Respondent (discontinued)

The personal representative of SIK CHI SHEUNG (formerly known as TSUI SAU YUNG) (Deceased)

2nd Respondent

Procedural Posture

Land (compulsory Sale for Redevelopment) Application / Judgment

Legal Issues

  1. 1 Whether applicants met statutory ownership threshold under s.3 as modified by s.3(5) notice
  2. 2 Whether EUV assessments for all units (including missing/deceased owner) are fair and reasonable
  3. 3 Whether redevelopment is justified by age and state of repair of buildings

Ratio Decidendi

Applicants satisfied the statutory ownership threshold as modified by the s.3(5) notice; expert evidence established the Buildings are aged and in a dangerous state making redevelopment justified; the applicants took reasonable steps to procure minority interests including offers and attempted agreements; the valuation evidence was accepted as fair and reasonable (including assessment for the deceased owner); accordingly the Tribunal ordered compulsory sale by public auction for redevelopment, fixed the reserve price at HK$163,970,000 and appointed the proposed trustees.

Court Disposition

Order made for compulsory sale of all undivided shares in the Lots by public auction for purposes of redevelopment; trustees appointed; reserve price fixed; particulars and conditions of sale approved.

Orders

  • Order that all undivided shares in the Lots be sold by public auction for purposes of redevelopment pursuant to the Ordinance
  • Reserve price for the auction fixed at HK$163,970,000