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, the redevelopment scheme was approved by the Building Authority and found conducive to the public interest, and the applicant demonstrated sufficient financial means; accordingly repossession was granted subject to specified conditions (plans lodged, commencement and completion deadlines, minimum building costs, restrictions on disposal until Occupation Permit, and payment of compensation).

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
LDHA21/1983
Procedural Posture
Application for Repossession Under Landlord and Tenant (consolidation) Ordinance S53(2)(c) / Decision (lands Tribunal)
Outcome
Order for repossession granted subject to specified conditions
Legal Topics
Repossession for Redevelopment, Redevelopment Approvals, Tenant Compensation, Conditions on Possession Orders, Occupation Permit Requirements
Source Language
EN
Landlord and Tenant Law Property Law Building and Construction Law Repossession for Redevelopment Redevelopment Approvals Tenant Compensation Conditions on Possession Orders Occupation Permit Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 14
Sign in to unlock

Parties

SCAIFFEE LTD.

Applicant

CHOW HEI CHUEN & OTHERS

Respondent

Procedural Posture

Application for Repossession Under Landlord and Tenant (consolidation) Ordinance S53(2)(c) / Decision (lands Tribunal)

Legal Issues

  1. 1 Whether applicant entitled to repossess premises for redevelopment under s53(2)(c)
  2. 2 Whether the redevelopment scheme is conducive to the public interest under s53A(1)
  3. 3 Whether the applicant has sufficient means to carry out the redevelopment

Ratio Decidendi

The Tribunal found the premises are post‑war and within Part II, the redevelopment scheme was approved by the Building Authority and found conducive to the public interest, and the applicant demonstrated sufficient financial means; accordingly repossession was granted subject to specified conditions (plans lodged, commencement and completion deadlines, minimum building costs, restrictions on disposal until Occupation Permit, and payment of compensation).

Court Disposition

Order for repossession granted subject to specified conditions

Orders

  • Plans of new buildings showing number and size of all dwellings and non‑domestic units to be lodged with the Tribunal and new buildings to provide 44 units in accordance with Building Plan Exhibit A.7
  • New buildings to be commenced within 6 months from delivery of vacant possession and completed within 48 months from date of order