GREATMAX INTERNATIONAL LTD AND OTHERS v. LO SHA KAM HA TERESA AND OTHERS

GREATMAX INTERNATIONAL LTD AND OTHERS v. LO SHA KAM HA TERESA AND OTHERS

On the statutory test in s4(2) the Tribunal accepted the applicants met prerequisites and proved redevelopment justified by both age and state of repair on expert evidence, applicants took reasonable steps to purchase minority shares with offers within a fair and reasonable band, alleged undue hardship is not a statutory bar and was not established as undue, the Tribunal determined EUV at HKD536,510,000 and RDV/reserve price at HKD1,000,000,000 and therefore granted an order for sale with conditions.

Citation
[2023] HKLdT 47
Parties
1st Applicant: GREATMAX INTERNATIONAL LIMITED (益明國際有限公司); 2nd Applicant: LUCKY GAIN HOLDINGS LIMITED (利裕集團有限公司); 3rd Applicant: GOLD DYNAMIC DEVELOPMENT LIMITED (帝港發展有限公司); 1st Respondent: LO SHA KAM HA TERESA (盧佘錦霞); 2nd Respondent: CHEUK KAY LIMITED (卓基有限公司); 3rd Respondent: TSANG YIN SANG (曾賢生); 4th Respondents: LEE HO YEE WILSON, THE SOLE EXECUTOR OF THE ESTATE OF LEE SHUN KEI, DECEASED AND LEE WAI YEE JUDY; 5th Respondent (discontinued): LORETTA LUI (雷嘉嫻); 6th Respondent (discontinued): LUI KING HANG (呂敬行), ADMINISTRATOR OF THE ESTATE OF TSANG CHANG HING (曾振興) ALIAS SO HING, DECEASED (蘇興); 7th Respondent (discontinued): EAGLE LORD LIMITED (鷹皇有限公司)
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
16 June 2023
Case Number
LDCS7000/2019
Procedural Posture
Application Under Land (compulsory Sale for Redevelopment) Ordinance (cap 545) for Compulsory Sale for Redevelopment / Post Trial Judgment (order for Sale Granted)
Outcome
Order for sale granted for redevelopment; trustees appointed; reserve price set; costs ordered nisi in favour of respondents
Legal Topics
Redevelopment Justification, Age and State of Repair, Reasonable Steps to Acquire Minority Shares, Undue Hardship on Minority Owners, Existing Use Value (euv) Determination, Redevelopment Value (rdv) and Reserve Price, Costs
Source Language
EN
Property Law Compulsory Sale/compulsory Purchase Building Regulation and Safety Valuation Law Redevelopment Justification Age and State of Repair Reasonable Steps to Acquire Minority Shares Undue Hardship on Minority Owners +3 more

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Parties

GREATMAX INTERNATIONAL LIMITED (益明國際有限公司)

1st Applicant

LUCKY GAIN HOLDINGS LIMITED (利裕集團有限公司)

2nd Applicant

GOLD DYNAMIC DEVELOPMENT LIMITED (帝港發展有限公司)

3rd Applicant

LO SHA KAM HA TERESA (盧佘錦霞)

1st Respondent

CHEUK KAY LIMITED (卓基有限公司)

2nd Respondent

TSANG YIN SANG (曾賢生)

3rd Respondent

LEE HO YEE WILSON, THE SOLE EXECUTOR OF THE ESTATE OF LEE SHUN KEI, DECEASED AND LEE WAI YEE JUDY

4th Respondents

LORETTA LUI (雷嘉嫻)

5th Respondent (discontinued)

LUI KING HANG (呂敬行), ADMINISTRATOR OF THE ESTATE OF TSANG CHANG HING (曾振興) ALIAS SO HING, DECEASED (蘇興)

6th Respondent (discontinued)

EAGLE LORD LIMITED (鷹皇有限公司)

7th Respondent (discontinued)

Procedural Posture

Application Under Land (compulsory Sale for Redevelopment) Ordinance (cap 545) for Compulsory Sale for Redevelopment / Post Trial Judgment (order for Sale Granted)

Legal Issues

  1. 1 Whether applicants met statutory prerequisites to bring the application under s3
  2. 2 Whether redevelopment justified by age or state of repair under s4(2)(a)
  3. 3 Whether applicants took reasonable steps to acquire minority undivided shares under s4(2)(b)

Ratio Decidendi

On the statutory test in s4(2) the Tribunal accepted the applicants met prerequisites and proved redevelopment justified by both age and state of repair on expert evidence, applicants took reasonable steps to purchase minority shares with offers within a fair and reasonable band, alleged undue hardship is not a statutory bar and was not established as undue, the Tribunal determined EUV at HKD536,510,000 and RDV/reserve price at HKD1,000,000,000 and therefore granted an order for sale with conditions.

Court Disposition

Order for sale granted for redevelopment; trustees appointed; reserve price set; costs ordered nisi in favour of respondents

Orders

  • All undivided shares in the Lots to be sold by public auction for redevelopment purposes
  • Mr Tam Tak Hing and Mr Ching Kwok Ho appointed trustees to discharge duties under the Ordinance