ORIENTAL MOON LTD v. GOLDEN SINO LINK LTD AND OTHERS

ORIENTAL MOON LTD v. GOLDEN SINO LINK LTD AND OTHERS

Leave to appeal was refused because the intended grounds lacked any reasonable prospect of success and no other interest of justice justified an appeal; the stay of execution was refused because the minimum requirements for a stay were not met, the balance of prejudice favoured refusing a stay given the imminent...

Source-derived case information.

Citation
[2023] HKLdT 3
Parties
Applicant (majority Owner): Applicant; 1st Respondent (minority Owner): 1st Respondent; 4th Respondent (minority Owner): 4th Respondent; 3rd Respondent (owner / Owners' Corporation Chairman): 3rd Respondent
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
9 January 2023
Case Number
LDCS32000/2019
Procedural Posture
Compulsory Sale for Redevelopment Under the Land (compulsory Sale for Redevelopment) Ordinance, Cap 545 / Interlocutory Application for Leave to Appeal Against Tribunal Judgment and Application for Stay of Execution (order for Sale)
Outcome
Application for leave to appeal dismissed; application for stay of execution refused; costs awarded to Applicant.
Legal Topics
Compulsory Sale, Redevelopment, Leave to Appeal, Stay of Execution, Age and State of Repair, Reasonable Steps to Acquire Undivided Shares, Expert Evidence Weight, Tenantable Standard
Source Language
en
Property Law Land Law Administrative Law Civil Procedure Compulsory Sale Redevelopment Leave to Appeal Stay of Execution +4 more

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Parties

Applicant

Applicant (majority Owner)

1st Respondent

1st Respondent (minority Owner)

4th Respondent

4th Respondent (minority Owner)

3rd Respondent

3rd Respondent (owner / Owners' Corporation Chairman)

Procedural Posture

Compulsory Sale for Redevelopment Under the Land (compulsory Sale for Redevelopment) Ordinance, Cap 545 / Interlocutory Application for Leave to Appeal Against Tribunal Judgment and Application for Stay of Execution (order for Sale)

Legal Issues

  1. 1 Whether leave to appeal should be granted under section 11AA(6) of the Lands Tribunal Ordinance
  2. 2 Whether a stay of execution should be granted pending appeal
  3. 3 Whether the age or state of repair of the building justifies an order for sale under section 4(2)(a) of the Ordinance

Ratio Decidendi

Leave to appeal was refused because the intended grounds lacked any reasonable prospect of success and no other interest of justice justified an appeal; the stay of execution was refused because the minimum requirements for a stay were not met, the balance of prejudice favoured refusing a stay given the imminent auction and risks to other parties and redevelopment value.

Court Disposition

Application for leave to appeal dismissed; application for stay of execution refused; costs awarded to Applicant.

Orders

  • Leave to appeal dismissed
  • Application for stay of execution refused