SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

The Tribunal found the premises fell within Part II, the applicant had genuine intention and sufficient financial means to redevelop, the redevelopment scheme was approved by the Building Authority and was conducive to the public interest; accordingly repossession under s53(2)(c) was justified and an order for...

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
LDHA13/1983
Procedural Posture
Application for Repossession Under Section 53(2)(c) of the Landlord and Tenant (consolidation) Ordinance / Decision of the Lands Tribunal (order Issued)
Outcome
Order for repossession granted subject to specified conditions
Legal Topics
Repossession, Redevelopment, Compensation to Tenants, Building Plan Approval, Assignment and Disposition Restrictions, Public Interest Requirement
Source Language
en
Landlord and Tenant Law Property Law Construction and Building Regulation Repossession Redevelopment Compensation to Tenants Building Plan Approval Assignment and Disposition Restrictions +1 more

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Parties

SCAIFFEE LTD.

Applicant

CHOW HEI CHUEN & OTHERS

Respondent

Procedural Posture

Application for Repossession Under Section 53(2)(c) of the Landlord and Tenant (consolidation) Ordinance / Decision of the Lands Tribunal (order Issued)

Legal Issues

  1. 1 Whether the suit premises fall within Part II of the Landlord and Tenant (Consolidation) Ordinance
  2. 2 Whether a landlord-tenant relationship exists between the parties
  3. 3 Whether the applicant genuinely intends and has the means to redevelop

Ratio Decidendi

The Tribunal found the premises fell within Part II, the applicant had genuine intention and sufficient financial means to redevelop, the redevelopment scheme was approved by the Building Authority and was conducive to the public interest; accordingly repossession under s53(2)(c) was justified and an order for repossession was granted subject to protective conditions including plan lodgement, commencement and completion timelines, minimum building expenditure, restrictions on assignment and solicitation until completion and Occupation Permit, and payment/determination of compensation to tenants.

Court Disposition

Order for repossession granted subject to specified conditions

Orders

  • Lodgement of plans showing number and size of all dwellings and non-domestic units; new buildings to provide 44 units in accordance with the approved Building Plan (Exhibit A.7)
  • Commencement of new buildings within six months from delivery of vacant possession of all premises; completion within 48 months from date of order