NEW BRILLIANT DEVELOPMENT HOLDINGS LTD v. GOLDEN EARN LTD AND OTHERS

NEW BRILLIANT DEVELOPMENT HOLDINGS LTD v. GOLDEN EARN LTD AND OTHERS

Applicant was entitled to bring the application because it owned 83.333% of undivided shares, exceeding the 80% threshold under the 2010 Notice; evidence (building condition and structural reports) established the Building is old and in a poor state of repair so redevelopment is justified; applicant took reasonable...

Source-derived case information.

Citation
[2021] HKLdT 59
Parties
Applicant: Applicant; 2nd Respondent (deceased): Mr Joe Bing Chang; 4th Respondent: Mr Tang Ping Hong
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
17 August 2021
Case Number
LDCS8000/2020
Procedural Posture
Compulsory Sale Application Under Land (compulsory Sale for Redevelopment) Ordinance Cap 545 / Lands Tribunal Hearing and Determination; Order Made
Outcome
Order for compulsory sale by public auction under s4(1)(b) of the Land (Compulsory Sale for Redevelopment) Ordinance
Legal Topics
Compulsory Sale, Redevelopment, Valuation (euv and Rdv), Adverse Possession, Absent/deceased Owner Procedure, Appointment of Trustees
Source Language
en
Property Land Law Civil Procedure Administrative Law Equity/trusts Compulsory Sale Redevelopment Valuation (euv and Rdv) +3 more

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Parties

Applicant

Applicant

Mr Joe Bing Chang

2nd Respondent (deceased)

Mr Tang Ping Hong

4th Respondent

Procedural Posture

Compulsory Sale Application Under Land (compulsory Sale for Redevelopment) Ordinance Cap 545 / Lands Tribunal Hearing and Determination; Order Made

Legal Issues

  1. 1 Whether applicant met statutory ownership threshold to bring application
  2. 2 Whether redevelopment of the Lot is justified by age or state of repair
  3. 3 Whether applicant took reasonable steps to acquire remaining undivided shares under s4(2)(b)

Ratio Decidendi

Applicant was entitled to bring the application because it owned 83.333% of undivided shares, exceeding the 80% threshold under the 2010 Notice; evidence (building condition and structural reports) established the Building is old and in a poor state of repair so redevelopment is justified; applicant took reasonable steps to acquire remaining shares and complied with notice requirements in respect of the deceased owner; Tribunal ordered compulsory sale by public auction, set reserve price at HK$136,000,000, and appointed trustees to hold proceeds attributable to disputed interests pending determination of separate adverse possession proceedings.

Court Disposition

Order for compulsory sale by public auction under s4(1)(b) of the Land (Compulsory Sale for Redevelopment) Ordinance

Orders

  • Tribunal satisfied redevelopment of the Lot is justified due to age and state of repair and that applicant took reasonable steps to acquire remaining undivided shares
  • All undivided shares in the Lot to be sold by public auction for purposes of redevelopment under s4(1)(b) of the Ordinance