MAX WIN DEVELOPMENT (HK) LTD v. GAIN EXCEL LTD AND ANOTHER

MAX WIN DEVELOPMENT (HK) LTD v. GAIN EXCEL LTD AND ANOTHER

The Tribunal applied a lot-based construction of s3(1) and s3(2). Because several lots fell outside the statutory thresholds (some being 100% owned and others below the required percentage), the multi-lot application did not satisfy s3(2)(a) or s3(2)(b) and was invalid. After acquisition of the remaining unit(s) the...

Source-derived case information.

Citation
[2022] HKLdT 51
Parties
Applicant: Applicant; 1st Respondent: R1; 2nd Respondent: R2; 3rd Respondent: R3
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
30 September 2022
Case Number
LDCS37000/2019
Procedural Posture
Application Under Land (compulsory Sale for Redevelopment) Ordinance (cap 545) / Judgment (lands Tribunal)
Outcome
Application dismissed
Legal Topics
Compulsory Sale for Redevelopment, Threshold Ownership Percentage, Lot Based Versus Building Based Approach, Redevelopment Value (rdv), Service and Amendment of Application
Source Language
en
Land Law Property Law Statutory Interpretation Civil Procedure Compulsory Sale for Redevelopment Threshold Ownership Percentage Lot Based Versus Building Based Approach Redevelopment Value (rdv) +1 more

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Parties

Applicant

Applicant

R1

1st Respondent

R2

2nd Respondent

R3

3rd Respondent

Procedural Posture

Application Under Land (compulsory Sale for Redevelopment) Ordinance (cap 545) / Judgment (lands Tribunal)

Legal Issues

  1. 1 Whether the multi-lot application is properly constituted and permissible under s3(1) and s3(2) of the Ordinance (including minimum percentage and common staircase exception)
  2. 2 Whether applicant can obtain an order for sale of all undivided shares after acquiring some lots to 100%
  3. 3 If an order could be made, whether it should cover all six lots or only a subset (eg 1st to 4th Lots)

Ratio Decidendi

The Tribunal applied a lot-based construction of s3(1) and s3(2). Because several lots fell outside the statutory thresholds (some being 100% owned and others below the required percentage), the multi-lot application did not satisfy s3(2)(a) or s3(2)(b) and was invalid. After acquisition of the remaining unit(s) the affected lots ceased to be within the Ordinance's scope; accordingly the application for sale of all undivided shares of the six lots was dismissed.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • The applicant do pay R2 and R3 costs of the application including part of the costs of the Summons dated 17 August 2021 which are related to the legal issues raised at the trial to be taxed on High Court Scale including certificate for two counsel if not agreed.