SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

The Tribunal found the premises to be post-war and subject to Part II, accepted the redevelopment scheme as conducive to the public interest and the applicant's genuine intention and sufficient financing, and therefore granted the repossession order under s53(2)(c) subject to specific conditions protecting public...

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
LDHA15/1983
Procedural Posture
Application for Repossession Under Section 53(2)(c) Landlord and Tenant (consolidation) Ordinance / Decision on Application by Lands Tribunal
Outcome
Order for repossession granted subject to specified conditions.
Legal Topics
Repossession for Redevelopment, Public Interest Under S53 A(1), Tenant Compensation, Conditions on Redevelopment and Assignment, Building Approvals and Occupation Permit
Source Language
en
Landlord and Tenant Law Property Law Building and Planning Law Administrative/tribunal Procedure Repossession for Redevelopment Public Interest Under S53 A(1) Tenant Compensation Conditions on Redevelopment and Assignment +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) Landlord and Tenant (consolidation) Ordinance / Decision on Application by Lands Tribunal

Legal Issues

  1. 1 Whether the suit premises are post-war buildings to which Part II applies
  2. 2 Whether the redevelopment scheme is conducive to the public interest under s53A(1)
  3. 3 Whether the applicant has a genuine intention and sufficient funds to redevelop

Ratio Decidendi

The Tribunal found the premises to be post-war and subject to Part II, accepted the redevelopment scheme as conducive to the public interest and the applicant's genuine intention and sufficient financing, and therefore granted the repossession order under s53(2)(c) subject to specific conditions protecting public interest and tenants (plans lodged, commencement and completion timelines, minimum building expenditure, restrictions on assignment/solicitation until Occupation Permit, and compensation arrangements).

Court Disposition

Order for repossession granted subject to specified conditions.

Orders

  • A copy of plans of the new buildings showing number and size of all dwellings and non-domestic units shall be lodged with the Tribunal and the new buildings shall provide 44 units in accordance with the approved Building Plan (Exhibit A.7).
  • New buildings shall be commenced within six months from delivery of vacant possession of all premises and completed within 48 months from the date of this order.