SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

The Tribunal granted repossession under s.53(2)(c) because the redevelopment scheme had Building Authority approval, was found conducive to public interest under s.53A(1), and the applicant demonstrated genuine intention and sufficient funds; repossession was ordered subject to specific conditions protecting tenants...

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
LDHA19/1983
Procedural Posture
Repossession Under Landlord and Tenant (consolidation) Ordinance S.53(2)(c) / Tribunal Decision (final)
Outcome
Order for repossession granted subject to specified conditions
Legal Topics
Repossession, Redevelopment, Compensation to Tenants, Building Plan Approval, Occupation Permit
Source Language
en
Landlord and Tenant Property Law Building and Planning Law Commercial Redevelopment Repossession Redevelopment Compensation to Tenants Building Plan Approval +1 more

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Parties

SCAIFFEE LTD.

Applicant

CHOW HEI CHUEN & OTHERS

Respondent

Procedural Posture

Repossession Under Landlord and Tenant (consolidation) Ordinance S.53(2)(c) / Tribunal Decision (final)

Legal Issues

  1. 1 Whether applicant entitled to repossess for redevelopment under s.53(2)(c)
  2. 2 Whether the redevelopment scheme is conducive to public interest under s.53A(1)
  3. 3 Whether the applicant has sufficient financial means and genuine intention to redevelop

Ratio Decidendi

The Tribunal granted repossession under s.53(2)(c) because the redevelopment scheme had Building Authority approval, was found conducive to public interest under s.53A(1), and the applicant demonstrated genuine intention and sufficient funds; repossession was ordered subject to specific conditions protecting tenants and ensuring completion and expenditure requirements.

Court Disposition

Order for repossession granted subject to specified conditions

Orders

  • Lodgement of plans showing 44 units in accordance with Building Plan (Exhibit A.7)
  • Commence redevelopment within 6 months of delivery of vacant possession and complete within 48 months from date of order