FAR UNION INVESTMENT LTD AND OTHERS v. EVER LEGEND (H.K.) LTD AND OTHERS

FAR UNION INVESTMENT LTD AND OTHERS v. EVER LEGEND (H.K.) LTD AND OTHERS

Applicants had the requisite recorded undivided shares (80% under the 2010 Notice), served the required valuation report, and produced credible expert evidence that the Building (Champagne Court Block B) is old and in poor state of repair such that redevelopment is justified; the tribunal must not decide feasibility...

Source-derived case information.

Citation
[2023] HKLdT 66
Parties
1st Applicant: FAR UNION INVESTMENT LIMITED; 2nd Applicant: EVER EAST INVESTMENT LIMITED; 3rd Applicant: ASIA CHARMING LIMITED; 4th Applicant: ASIA HARBOUR INVESTMENT LIMITED; 5th Applicant: FIRST MATE DEVELOPMENT LIMITED; 6th Applicant: FORTRESS STAR LIMITED; 7th Applicant: LUCKTIME LIMITED; 8th Applicant: SINO ACCORD INVESTMENT LIMITED; 9th Applicant: SOUTH CROWN DEVELOPMENT LIMITED; 1st Respondent (discontinued): FU CHU INVESTMENT LIMITED; 2nd Respondent: EVER LEGEND (H.K.) LIMITED; 3rd Respondent (discontinued): LAI SHIU KAY (SOLE EXECUTOR OF THE WILL OF LAI KOON HING); 4th Respondent: KWOK CHUN TUNG RAIMUNDO; 5th Respondent: MAX INTELLIGENCE LIMITED; 6th Respondent: SU HUI FONG; 7th Respondent: LOU SAM MUI; 8th Respondent: LUI WAI LAN; 9th Respondent (1st Named): SO SHING; 9th Respondent (2nd Named): SO PO CHUEN; 10th Respondent: WONG YEE HAN; 11th Respondent: TING LUP WONG (SOLE EXECUTOR OF THE WILL OF TING WAI CHUNG); 12th Respondent: RAY FORTUNE LIMITED; 13th Respondent (discontinued): LEADSON LIMITED; 14th Respondent (discontinued): FUNG NGAI (ALSO KNOWN AS FONG KIN NEI ANA); 15th Respondent: CHEUNG CHUN KEE (SOLE EXECUTOR OF THE WILL OF TIU COO YEE SAN); 16th Respondent: WARSAW INVESTMENTS LIMITED
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
17 November 2023
Case Number
LDCS21000/2020
Procedural Posture
Land Compulsory Sale Main Application Under Land (compulsory Sale for Redevelopment) Ordinance (cap 545) / Judgment Following Trial (trial Dates Nov 2022 Apr 2023; Judgment 17 Nov 2023)
Legal Topics
Order for Sale for Redevelopment, Majority Ownership Threshold, Valuation of Individual Units and Redevelopment Value, Service and Joinder of Parties Including Trustees/beneficiaries, Age and State of Repair as Ground for Redevelopment
Source Language
en
Land Law Property Law Compulsory Sale / Compulsory Acquisition Valuation Law Trusts and Succession Building and Construction Law Order for Sale for Redevelopment Majority Ownership Threshold +3 more

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Parties

FAR UNION INVESTMENT LIMITED

1st Applicant

EVER EAST INVESTMENT LIMITED

2nd Applicant

ASIA CHARMING LIMITED

3rd Applicant

ASIA HARBOUR INVESTMENT LIMITED

4th Applicant

FIRST MATE DEVELOPMENT LIMITED

5th Applicant

FORTRESS STAR LIMITED

6th Applicant

LUCKTIME LIMITED

7th Applicant

SINO ACCORD INVESTMENT LIMITED

8th Applicant

SOUTH CROWN DEVELOPMENT LIMITED

9th Applicant

FU CHU INVESTMENT LIMITED

1st Respondent (discontinued)

EVER LEGEND (H.K.) LIMITED

2nd Respondent

LAI SHIU KAY (SOLE EXECUTOR OF THE WILL OF LAI KOON HING)

3rd Respondent (discontinued)

KWOK CHUN TUNG RAIMUNDO

4th Respondent

MAX INTELLIGENCE LIMITED

5th Respondent

SU HUI FONG

6th Respondent

LOU SAM MUI

7th Respondent

LUI WAI LAN

8th Respondent

SO SHING

9th Respondent (1st Named)

SO PO CHUEN

9th Respondent (2nd Named)

WONG YEE HAN

10th Respondent

TING LUP WONG (SOLE EXECUTOR OF THE WILL OF TING WAI CHUNG)

11th Respondent

RAY FORTUNE LIMITED

12th Respondent

LEADSON LIMITED

13th Respondent (discontinued)

FUNG NGAI (ALSO KNOWN AS FONG KIN NEI ANA)

14th Respondent (discontinued)

CHEUNG CHUN KEE (SOLE EXECUTOR OF THE WILL OF TIU COO YEE SAN)

15th Respondent

WARSAW INVESTMENTS LIMITED

16th Respondent

Procedural Posture

Land Compulsory Sale Main Application Under Land (compulsory Sale for Redevelopment) Ordinance (cap 545) / Judgment Following Trial (trial Dates Nov 2022 Apr 2023; Judgment 17 Nov 2023)

Legal Issues

  1. 1 Market value of each property in the lot for EUV under Part 1 Schedule 1
  2. 2 Reserve price (RDV) for auction under Schedule 2 para 2
  3. 3 Whether applicants met prerequisite ownership threshold and accompanying valuation report requirements under s.3

Ratio Decidendi

Applicants had the requisite recorded undivided shares (80% under the 2010 Notice), served the required valuation report, and produced credible expert evidence that the Building (Champagne Court Block B) is old and in poor state of repair such that redevelopment is justified; the tribunal must not decide feasibility of redevelopment (left to market) and therefore granted order for sale, fixed reserve price by residual valuation at $1,728,000,000, appointed trustees, and directed sale by public auction.