SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

The Tribunal found the buildings are post‑war and within Part II, the redevelopment scheme (with Building Authority approved plans) is in the public interest, and the applicant has genuine intention and sufficient financial means; accordingly repossession was ordered under s.53(2)(c) subject to specified conditions...

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
LDHA6/1983
Procedural Posture
Application for Repossession Under S.53(2)(c) Landlord and Tenant (consolidation) Ordinance / Decision (lands Tribunal)
Outcome
Order for repossession granted subject to conditions
Legal Topics
Repossession for Redevelopment, Public Interest, Compensation to Tenants, Financial Capacity of Redeveloper, Building Plan Approval, Conditions Precedent to Repossession
Source Language
en
Landlord and Tenant Property Law Redevelopment/planning Building Regulation Repossession for Redevelopment Public Interest Compensation to Tenants Financial Capacity of Redeveloper +2 more

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Parties

SCAIFFEE LTD.

Applicant

CHOW HEI CHUEN & OTHERS

Respondent

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

The Tribunal found the buildings are post‑war and within Part II, the redevelopment scheme (with Building Authority approved plans) is in the public interest, and the applicant has genuine intention and sufficient financial means; accordingly repossession was ordered under s.53(2)(c) subject to specified conditions (plans lodged, commencement and completion timelines, minimum building cost, restrictions on assignment/solicitation until Occupation Permit issued, and compensation arrangements for tenants).

Court Disposition

Order for repossession granted subject to conditions

Orders

  • Lodge copy of plans showing number and size of all dwellings and non‑domestic units; new buildings to provide 44 units in accordance with Exhibit A.7
  • Commence new buildings within 6 months from delivery of vacant possession of all premises Nos.4, 6 and 8 Arbuthnot Road; complete within 48 months from date of this order