CHAN SHIU CHONG v. DIRECTOR OF LANDS

CHAN SHIU CHONG v. DIRECTOR OF LANDS

The Tribunal held applicants failed to prove redevelopment potential on the balance of probabilities as at the resumption date (Stage One of Siu Sau Kuen), therefore RDV was rejected and the properties were valued on EUV by direct comparison; specific EUV market values were determined for each property and the Director of Lands was ordered to pay those sums as compensation.

Citation
[2018] HKLdT 89
Parties
Applicant (1st and 2nd Applications): Chan Shiu Chong; Applicant (3rd Application): Tse Sui Lun; Respondent: Director of Lands
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
19 November 2018
Case Number
LDLR2/2012
Procedural Posture
Lands Resumption Application / Judgment on Compensation Assessment
Outcome
Respondent ordered to pay compensation to the applicants for resumption of their properties assessed on EUV as detailed below.
Legal Topics
Redevelopment Potential, Market Value Assessment (euv and Rdv), Lands Resumption Ordinance, Urban Renewal Authority Policy
Source Language
EN
Property Law Administrative Law Expropriation/compulsory Purchase Valuation Law Redevelopment Potential Market Value Assessment (euv and Rdv) Lands Resumption Ordinance Urban Renewal Authority Policy

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Parties

Chan Shiu Chong

Applicant (1st and 2nd Applications)

Tse Sui Lun

Applicant (3rd Application)

Director of Lands

Respondent

Procedural Posture

Lands Resumption Application / Judgment on Compensation Assessment

Legal Issues

  1. 1 Whether the subject properties had redevelopment potential as at the resumption date
  2. 2 If redevelopment potential existed, the market value assessed on redevelopment (RDV) basis
  3. 3 If no redevelopment potential, the market value assessed on existing use value (EUV) basis

Ratio Decidendi

The Tribunal held applicants failed to prove redevelopment potential on the balance of probabilities as at the resumption date (Stage One of Siu Sau Kuen), therefore RDV was rejected and the properties were valued on EUV by direct comparison; specific EUV market values were determined for each property and the Director of Lands was ordered to pay those sums as compensation.

Court Disposition

Respondent ordered to pay compensation to the applicants for resumption of their properties assessed on EUV as detailed below.

Orders

  • Respondent to pay the 1st Applicant HKD 8,710,000 for Ground Floor including Cockloft, No 187A Hai Tan Street, Kowloon.
  • Respondent to pay the 2nd Applicant HKD 8,080,000 for Ground Floor, No 248 Tung Chau Street, Kowloon.