TIERRA TRADING LTD AND ANOTHER v. LAND BASE LTD

TIERRA TRADING LTD AND ANOTHER v. LAND BASE LTD

Leave granted for the single joint expert to determine whether there is any residual plot ratio on Subsection 15 and, if so, its magnitude; leave refused for the GFA issue as irrelevant; costs ordered nisi that costs be in the cause.

Source-derived case information.

Citation
TIERRA TRADING LTD AND ANOTHER v. LAND BASE LTD
Parties
1st Plaintiff: TIERRA TRADING LIMITED; 2nd Plaintiff: KEEP FOREVER DEVELOPMENT LIMITED; Defendant: LAND BASE LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 February 2016
Case Number
HCMP3074/2014
Procedural Posture
Miscellaneous Proceedings No. 3074 of 2014 (property) / Interlocutory Summons for Directions on Expert Evidence (decision 15 February 2016)
Outcome
Application partly allowed: leave granted in part and refused in part.
Legal Topics
Plot Ratio, Gross Floor Area, Expert Evidence, Case Management, Building Plan Approval, Adverse Possession
Source Language
en
Property Law Civil Procedure Evidence Plot Ratio Gross Floor Area Expert Evidence Case Management Building Plan Approval +1 more

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Summary, issues, holding and outcome

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Parties

TIERRA TRADING LIMITED

1st Plaintiff

KEEP FOREVER DEVELOPMENT LIMITED

2nd Plaintiff

LAND BASE LIMITED

Defendant

Procedural Posture

Miscellaneous Proceedings No. 3074 of 2014 (property) / Interlocutory Summons for Directions on Expert Evidence (decision 15 February 2016)

Legal Issues

  1. 1 Whether there is any residual plot ratio on Subsection 15 and, if so, its magnitude
  2. 2 Whether a residual plot ratio could be characterised as a 'safety margin' in design practice
  3. 3 Whether floor area of Subsection 15 staircases should have been included in the Gross Floor Area calculation and whether such inclusion would exceed permissible plot ratio

Ratio Decidendi

Leave granted for the single joint expert to determine whether there is any residual plot ratio on Subsection 15 and, if so, its magnitude; leave refused for the GFA issue as irrelevant; costs ordered nisi that costs be in the cause.

Court Disposition

Application partly allowed: leave granted in part and refused in part.

Orders

  • Leave granted for the single joint expert to determine whether there is any residual plot ratio on Subsection 15 and, if so, its magnitude
  • Leave refused for the proposed GFA issue relating to Subsection 15 staircases as irrelevant