DELUXE ASCENT LTD v. DIRECTOR OF LANDS

DELUXE ASCENT LTD v. DIRECTOR OF LANDS

The Tribunal accepted the applicant's expert residual valuation template but adjusted key valuation inputs, discounted for uncertainty and partial interest and applied a 10% partial-interest discount to reach the applicant's share. The Tribunal held that prior resumptions under the Roads Ordinance extinguished or at...

Source-derived case information.

Citation
[2022] HKLdT 11
Parties
Applicant: Applicant; Respondent: Respondent; Other Owner: Joint executors of Fok Ying Tung Henry
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
28 February 2022
Case Number
LDLR9/2018
Procedural Posture
Compensation Determination Under Lands Resumption Ordinance / Judgment After Trial
Outcome
Compensation awarded to applicant for Resumed Lots; severance claim dismissed.
Legal Topics
Compensation Assessment, Severance Damage, Residual Valuation, Site Classification and Site Coverage, Right of Way and Prescription, Effect of Statutory Resumption on Easements
Source Language
en
Land Law Compulsory Acquisition Valuation Law Town Planning Law Easements and Access Compensation Assessment Severance Damage Residual Valuation +3 more

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Parties

Applicant

Applicant

Respondent

Respondent

Joint executors of Fok Ying Tung Henry

Other Owner

Procedural Posture

Compensation Determination Under Lands Resumption Ordinance / Judgment After Trial

Legal Issues

  1. 1 Whether land ought to be valued on a joint/amalgamated development basis or separately
  2. 2 Whether the Resumed Lots and Other Lots abutted a specified street for site classification
  3. 3 Whether a vehicular right of way existed from the Tongue/Gate to Castle Peak Road and whether it survived prior resumptions

Ratio Decidendi

The Tribunal accepted the applicant's expert residual valuation template but adjusted key valuation inputs, discounted for uncertainty and partial interest and applied a 10% partial-interest discount to reach the applicant's share. The Tribunal held that prior resumptions under the Roads Ordinance extinguished or at least defeated any prescriptive vehicular right that could interfere with the resumption; Lot 1941A had no binding lease site coverage restriction but planning measures forming the resumption scheme must be disregarded; no severance loss was proved. Net award to the applicant was HKD 145,300,000.

Court Disposition

Compensation awarded to applicant for Resumed Lots; severance claim dismissed.

Orders

  • Respondent to pay applicant compensation in the sum of HKD 145,300,000.
  • Matters of professional fees, interest and costs adjourned for argument with parties to fix date in consultation; liberty to apply for ancillary and consequential matters.