SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

The Tribunal found the premises are post-war and within Part II, accepted the applicant's genuine intention to redevelop, sufficient funding and Building Authority approval, and that the redevelopment is conducive to the public interest; accordingly repossession was granted subject to specific conditions including...

Source-derived case information.

Citation
SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Parties
Applicant: SCAIFFEE LTD.; Respondent: CHOW HEI CHUEN & OTHERS
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
22 June 1983
Case Number
LDHA16/1983
Procedural Posture
Application for Repossession Under Landlord and Tenant (consolidation) Ordinance S.53(2)(c) / Tribunal Decision (order Made)
Outcome
Application for repossession granted subject to conditions
Legal Topics
Repossession, Redevelopment, Compensation to Tenants, Building Approval Conditions, Occupation Permit
Source Language
en
Landlord and Tenant Property Law Building and Planning Repossession Redevelopment Compensation to Tenants Building Approval Conditions Occupation Permit

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Parties

SCAIFFEE LTD.

Applicant

CHOW HEI CHUEN & OTHERS

Respondent

Procedural Posture

Application for Repossession Under Landlord and Tenant (consolidation) Ordinance S.53(2)(c) / Tribunal Decision (order Made)

Legal Issues

  1. 1 Whether the premises are post-war buildings to which Part II applies
  2. 2 Whether the applicant has genuine intention and sufficient means to redevelop
  3. 3 Whether redevelopment is conducive to the public interest under s.53A(1)

Ratio Decidendi

The Tribunal found the premises are post-war and within Part II, accepted the applicant's genuine intention to redevelop, sufficient funding and Building Authority approval, and that the redevelopment is conducive to the public interest; accordingly repossession was granted subject to specific conditions including plan submission, commencement and completion deadlines, minimum building expenditure, restrictions on assignment and solicitation, and payment of compensation to tenants.

Court Disposition

Application for repossession granted subject to conditions

Orders

  • A copy of the plans of the new buildings showing the number and size of all the dwellings and non-domestic units to be erected shall be lodged with the Tribunal and the new buildings shall provide 44 units in accordance with the Building Plan, Exhibit A.7.
  • The new buildings shall be commenced within six months from delivery of vacant possession of all premises in Nos. 4, 6 and 8 Arbuthnot Road and shall be completed within 48 months from the date of this order.