GOOD FAITH PROPERTIES LTD AND OTHERS v. CIBEAN DEVELOPMENT CO LTD

GOOD FAITH PROPERTIES LTD AND OTHERS v. CIBEAN DEVELOPMENT CO LTD

The Tribunal granted leave to admit Mr Chan's Supplemental Letter because the Gramercy Shop comparable and the Government's new stamp duty measures existed before the hearing and were relevant to determining the RDV; no binding agreement limited the format of the experts' submissions; expert material that assists the Tribunal on relevant issues and does not disrupt trial should be admitted, and specific items in the letter were assessed and found admissible.

Citation
GOOD FAITH PROPERTIES LTD AND OTHERS v. CIBEAN DEVELOPMENT CO LTD
Parties
Applicants: Applicants; Respondent: Respondent
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
16 November 2012
Case Number
LDCS42000/2011
Procedural Posture
Compulsory Sale Under the Land (compulsory Sale for Redevelopment) Ordinance (cap. 545) / Hearing on Admissibility of a Supplemental Expert Valuation Letter During Trial
Outcome
Leave granted for admission of Mr Alnwick Chan's Supplemental Letter dated 30 October 2012 into evidence; specified items of the letter were found relevant and admissible.
Legal Topics
Compulsory Sale, Residual Development Value, Admissibility of Expert Evidence, Comparables, Stamp Duty Measures Impact
Source Language
EN
Land Law Evidence Valuation Compulsory Sale Residual Development Value Admissibility of Expert Evidence Comparables Stamp Duty Measures Impact

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Parties

Applicants

Applicants

Respondent

Respondent

Procedural Posture

Compulsory Sale Under the Land (compulsory Sale for Redevelopment) Ordinance (cap. 545) / Hearing on Admissibility of a Supplemental Expert Valuation Letter During Trial

Legal Issues

  1. 1 Whether the applicants' supplemental expert letter (Mr Chan) is admissible into evidence
  2. 2 Whether the Gramercy Shop sale is a relevant comparable for residual development value (RDV) assessment
  3. 3 Whether the Government's new stamp duty measures are relevant to RDV and pre-sale comparables

Ratio Decidendi

The Tribunal granted leave to admit Mr Chan's Supplemental Letter because the Gramercy Shop comparable and the Government's new stamp duty measures existed before the hearing and were relevant to determining the RDV; no binding agreement limited the format of the experts' submissions; expert material that assists the Tribunal on relevant issues and does not disrupt trial should be admitted, and specific items in the letter were assessed and found admissible.

Court Disposition

Leave granted for admission of Mr Alnwick Chan's Supplemental Letter dated 30 October 2012 into evidence; specified items of the letter were found relevant and admissible.

Orders

  • Leave granted to admit Mr Alnwick Chan's Supplemental Letter (30 October 2012) into evidence
  • Mr Lai's letter admitted (no objection by applicants)