ELTRON DEVELOPMENT LTD v. DIRECTOR OF LANDS

ELTRON DEVELOPMENT LTD v. DIRECTOR OF LANDS

Applicant entitled to professional remuneration under s6(2A) and s10(2)(e)(ii); no special reasons existed to deny costs or professional fees despite valuation arguments; interest awarded at Prime +1% (6% p.a.) on both the provisional payment and the balance (with Prime+1% to judgment on balance and judgment rate thereafter); credit for any previously paid interest; respondent to pay applicant's costs of the application to be taxed if not agreed.

Citation
ELTRON DEVELOPMENT LTD v. DIRECTOR OF LANDS
Parties
Applicant: Applicant; Respondent: Respondent
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
28 January 2016
Case Number
LDLR4/2013
Procedural Posture
Lands Resumption Compensation Under Lands Resumption Ordinance Cap 124 / Post Judgment Paper Application to Determine Professional Fees, Interest and Costs
Outcome
Application allowed in full for the reliefs sought by the applicant on outstanding issues
Legal Topics
Compensation, Interest, Costs, Professional Fees, Provisional Payment, Valuation, Contract Interpretation
Source Language
EN
Property Law Administrative Law Civil Procedure Contract Law Compensation Interest Costs Professional Fees +3 more

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Lands Resumption Compensation Under Lands Resumption Ordinance Cap 124 / Post Judgment Paper Application to Determine Professional Fees, Interest and Costs

Legal Issues

  1. 1 Whether applicant is entitled to professional fees and costs under s6(2A) and s10(2)(e)(ii) of the Lands Resumption Ordinance
  2. 2 Whether special reasons exist to depart from the general rule that costs follow the event in compulsory acquisition cases
  3. 3 Proper rate of interest payable on compensation and provisional payments under s17(3),(3A),(3B) and interaction with s16A provisional payment

Ratio Decidendi

Applicant entitled to professional remuneration under s6(2A) and s10(2)(e)(ii); no special reasons existed to deny costs or professional fees despite valuation arguments; interest awarded at Prime +1% (6% p.a.) on both the provisional payment and the balance (with Prime+1% to judgment on balance and judgment rate thereafter); credit for any previously paid interest; respondent to pay applicant's costs of the application to be taxed if not agreed.

Court Disposition

Application allowed in full for the reliefs sought by the applicant on outstanding issues

Orders

  • Respondent shall pay the applicant the professional remuneration reasonably incurred by the applicant (Ms Sat Wei Ling) to be determined by the Tribunal if not agreed
  • Respondent shall pay interest on HK$20,764,000 (provisional payment) from date of reversion (2 June 2012) to date of payment at 1% above HSBC prevailing prime rate (6% p.a.)