WISE GRACE INVESTMENT LTD AND OTHERS v. LUI MAN DUNG AND OTHERS

WISE GRACE INVESTMENT LTD AND OTHERS v. LUI MAN DUNG AND OTHERS

The tribunal exercised its review power under s11A(1) and concluded that because the order for sale was made after the Amendment Ordinance's commencement, Schedule 3 as amended (which prescribes a 7-year redevelopment period for two or more lots) applies; accordingly paragraph 175(5) is varied to 7 years, and the order for sale is to take effect following the date of this decision to permit sealing, approval of revised particulars and trustee registration; no order as to costs was made.

Citation
[2025] HKLdT 14
Parties
1st Applicant: Wise Grace Investment Limited (智喜投資有限公司); 2nd Applicant: Ready Earn Limited (韋迪有限公司); 3rd Applicant: Fortune Motion Limited (聖維有限公司); 1st Respondent: Lui Man Dung (雷文動); 2nd Respondent (discontinued): Lee Ka Leung (李嘉樑); 3rd Respondent: Lam Yip Yick (林業億); 4th Respondent (discontinued): Allen Charles William; 5th Respondent: Liu Ching Heung (廖清香) by her guardian ad litem Wong Chung Yam (黃松欽); 6th Respondent (discontinued): Leung Choi Kam (梁彩金); 7th Respondent (discontinued): Belcity International Development Limited (麗拜國際發展有限公司)
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
31 March 2025
Case Number
LDCS15000/2021
Procedural Posture
Land Compulsory Sale (redevelopment) / Review of Judgment Regarding Redevelopment Period
Outcome
Redevelopment period varied from 6 years to 7 years; order for sale to take effect following date of this decision; no order as to costs of the review.
Legal Topics
Compulsory Sale for Redevelopment, Redevelopment Period, Application of Amendment Ordinance, Commencement Provisions, Effect of Order for Sale
Source Language
EN
Land Law Statutory Interpretation Administrative Law Civil Procedure Compulsory Sale for Redevelopment Redevelopment Period Application of Amendment Ordinance Commencement Provisions +1 more

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Parties

Wise Grace Investment Limited (智喜投資有限公司)

1st Applicant

Ready Earn Limited (韋迪有限公司)

2nd Applicant

Fortune Motion Limited (聖維有限公司)

3rd Applicant

Lui Man Dung (雷文動)

1st Respondent

Lee Ka Leung (李嘉樑)

2nd Respondent (discontinued)

Lam Yip Yick (林業億)

3rd Respondent

Allen Charles William

4th Respondent (discontinued)

Liu Ching Heung (廖清香) by her guardian ad litem Wong Chung Yam (黃松欽)

5th Respondent

Leung Choi Kam (梁彩金)

6th Respondent (discontinued)

Belcity International Development Limited (麗拜國際發展有限公司)

7th Respondent (discontinued)

Procedural Posture

Land Compulsory Sale (redevelopment) / Review of Judgment Regarding Redevelopment Period

Legal Issues

  1. 1 Whether the redevelopment period in paragraph 175(5) should be varied from 6 years to 7 years
  2. 2 Whether the Land (Compulsory Sale for Redevelopment) (Amendment) Ordinance 2024 applies when the application was made before, but the order was made after, commencement
  3. 3 Whether the order for sale should take effect following the date of the review decision to permit re-sealing and registration procedures

Ratio Decidendi

The tribunal exercised its review power under s11A(1) and concluded that because the order for sale was made after the Amendment Ordinance's commencement, Schedule 3 as amended (which prescribes a 7-year redevelopment period for two or more lots) applies; accordingly paragraph 175(5) is varied to 7 years, and the order for sale is to take effect following the date of this decision to permit sealing, approval of revised particulars and trustee registration; no order as to costs was made.

Court Disposition

Redevelopment period varied from 6 years to 7 years; order for sale to take effect following date of this decision; no order as to costs of the review.

Orders

  • Paragraph 175(5) of the Judgment varied to provide a redevelopment period of 7 years.
  • The order for sale in the varied Judgment shall take effect following the date of this decision for the purposes of section 5(4) of the Land (Compulsory Sale for Redevelopment) Ordinance, Cap. 545.