TOP PRINCE LTD v. TSANG SUI CHUN (曾瑞珍), the intended Administratrix of the Estate of CHOW YIN WAH (周燕華), deceased

TOP PRINCE LTD v. TSANG SUI CHUN (曾瑞珍), the intended Administratrix of the Estate of CHOW YIN WAH (周燕華), deceased

The Tribunal granted the compulsory sale order because the applicant satisfied the statutory 90% threshold, produced unchallenged expert evidence establishing that the Building's age and extensive state of disrepair justified redevelopment, demonstrated it had taken reasonable steps to acquire remaining interests, and provided valuation evidence supporting a reserve price; accordingly the Lot was ordered sold by public auction with trustees appointed and costs awarded to the respondent under the compensation approach.

Citation
[2022] HKLdT 1
Parties
Applicant: Applicant; 1st Respondent: Madam Chow Yin Wah; 2nd Respondent: 2nd Respondent; 3rd Respondent: 3rd Respondent; 4th Respondent: 4th Respondent
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
5 January 2022
Case Number
LDCS33000/2020
Procedural Posture
Compulsory Sale Under Land (compulsory Sale for Redevelopment) Ordinance Cap 545 / Application Heard and Judgment Delivered
Outcome
Compulsory sale order granted for redevelopment; Lot ordered for sale by public auction; reserve price fixed; trustees appointed; costs awarded to 1st respondent.
Legal Topics
Compulsory Sale Order, Redevelopment Justification, Valuation (euv and Rdv), Appointment of Sale Trustees, Costs and Compensation
Source Language
EN
Real Property Land Law Valuation Law Building and Construction Safety Compulsory Sale Order Redevelopment Justification Valuation (euv and Rdv) Appointment of Sale Trustees +1 more

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Parties

Applicant

Applicant

Madam Chow Yin Wah

1st Respondent

2nd Respondent

2nd Respondent

3rd Respondent

3rd Respondent

4th Respondent

4th Respondent

Procedural Posture

Compulsory Sale Under Land (compulsory Sale for Redevelopment) Ordinance Cap 545 / Application Heard and Judgment Delivered

Legal Issues

  1. 1 Whether applicant met the statutory 90% undivided share threshold to bring the application
  2. 2 Whether redevelopment of the Lot is justified by the age and state of repair of the Building
  3. 3 Whether the applicant took reasonable steps to purchase remaining shares

Ratio Decidendi

The Tribunal granted the compulsory sale order because the applicant satisfied the statutory 90% threshold, produced unchallenged expert evidence establishing that the Building's age and extensive state of disrepair justified redevelopment, demonstrated it had taken reasonable steps to acquire remaining interests, and provided valuation evidence supporting a reserve price; accordingly the Lot was ordered sold by public auction with trustees appointed and costs awarded to the respondent under the compensation approach.

Court Disposition

Compulsory sale order granted for redevelopment; Lot ordered for sale by public auction; reserve price fixed; trustees appointed; costs awarded to 1st respondent.

Orders

  • Redevelopment of the Lot justified; application granted under s.4(1)(b) of the Ordinance
  • All undivided shares in the Lot to be sold by public auction for redevelopment of the Lot