GOOD FAITH PROPERTIES LTD AND OTHERS v. CIBEAN DEVELOPMENT CO LTD

GOOD FAITH PROPERTIES LTD AND OTHERS v. CIBEAN DEVELOPMENT CO LTD

The tribunal found that the parties, by the concession recorded on 1 November 2012, agreed to accept Mr Lai's assessment of the internal condition of the units including the reference unit, and therefore the Tribunal will proceed on that basis without inspecting every unit.

Citation
GOOD FAITH PROPERTIES LTD AND OTHERS v. CIBEAN DEVELOPMENT CO LTD
Parties
Applicant: Applicant; Respondent: Respondent
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
28 February 2013
Case Number
LDCS42000/2011
Procedural Posture
Lands Tribunal Reference (land Valuation/compensation) / Hearing (reasons for Decision)
Outcome
Tribunal accepts that the parties agreed to proceed on the basis that Mr Lai's assessment of the internal condition of the units including the reference unit is accepted
Legal Topics
Expert Evidence, Agreement on Facts, Site Inspection, Comparables, Statement of Disagreement, Internal Condition Assessment
Source Language
EN
Land Law Valuation Evidence Tribunal Procedure Expert Evidence Agreement on Facts Site Inspection Comparables +2 more

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Lands Tribunal Reference (land Valuation/compensation) / Hearing (reasons for Decision)

Legal Issues

  1. 1 Whether the parties agreed to accept Mr Lai's assessment of the internal condition of the units including the reference unit
  2. 2 Interpretation of Paragraph 10(d) of the Statement of Disagreement
  3. 3 Whether the alleged agreement removes the need for site inspection of every unit

Ratio Decidendi

The tribunal found that the parties, by the concession recorded on 1 November 2012, agreed to accept Mr Lai's assessment of the internal condition of the units including the reference unit, and therefore the Tribunal will proceed on that basis without inspecting every unit.

Court Disposition

Tribunal accepts that the parties agreed to proceed on the basis that Mr Lai's assessment of the internal condition of the units including the reference unit is accepted

Orders

  • Proceed on the basis that Mr Lai's assessment of the internal condition of the units including the reference unit is accepted by both parties
  • No site inspection of every unit is required for the purpose of determining internal condition