PACIFIC CROWN ENTERPRISES LTD v. MAN YU ON AND OTHERS

PACIFIC CROWN ENTERPRISES LTD v. MAN YU ON AND OTHERS

The joinder application was dismissed because the statutory scheme confines tenant participation to a connected application for compensation; a tenant without an undivided share lacks locus to litigate the justifications for compulsory sale or the majority owner's acquisition steps in the main application; refusing joinder did not breach natural justice given the available statutory remedy for tenants.

Citation
PACIFIC CROWN ENTERPRISES LTD v. MAN YU ON AND OTHERS
Parties
Applicant (majority Owner): Pacific Crown; Intended Respondent (tenant Seeking Joinder): Topbase International Limited t/a New Kwok Wah Meat Co.; Respondent (minority Owner): 2nd respondents (owners of 5/F No 12 Kimberly Street); Respondent (proceedings Discontinued): 1st respondents (former owners of Shop 3 G/F No 10 Kimberly Street)
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
20 November 2012
Case Number
LDCS32000/2011
Procedural Posture
Land (compulsory Sale for Redevelopment) Ordinance Application / Decision on Application to Join as Respondent (pre Trial Review Pending)
Legal Topics
Compulsory Sale, Joinder, Tenancy, Compensation, Natural Justice, Lands Tribunal Procedure
Source Language
EN
Property Law Land Law Civil Procedure Administrative Law Compulsory Sale Joinder Tenancy Compensation +2 more

Case Brief

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Parties

Pacific Crown

Applicant (majority Owner)

Topbase International Limited t/a New Kwok Wah Meat Co.

Intended Respondent (tenant Seeking Joinder)

2nd respondents (owners of 5/F No 12 Kimberly Street)

Respondent (minority Owner)

1st respondents (former owners of Shop 3 G/F No 10 Kimberly Street)

Respondent (proceedings Discontinued)

Procedural Posture

Land (compulsory Sale for Redevelopment) Ordinance Application / Decision on Application to Join as Respondent (pre Trial Review Pending)

Legal Issues

  1. 1 Whether a tenant may be joined as a respondent in a main compulsory sale application under the Ordinance
  2. 2 Whether natural justice requires the Tribunal to hear a tenant in the main application
  3. 3 Whether the Tribunal's investigative powers under s 4(2)(b) extend to examination of the majority owner's settlement choices

Ratio Decidendi

The joinder application was dismissed because the statutory scheme confines tenant participation to a connected application for compensation; a tenant without an undivided share lacks locus to litigate the justifications for compulsory sale or the majority owner's acquisition steps in the main application; refusing joinder did not breach natural justice given the available statutory remedy for tenants.