EVERSOUND INVESTMENTS LTD v. AU-YEUNG NGAN SIU AND OTHERS

EVERSOUND INVESTMENTS LTD v. AU-YEUNG NGAN SIU AND OTHERS

Although the Lands Tribunal has jurisdiction to order recovery of possession under s.8(6) and may give directions under ss.4(6)(c) and 4(9) of the Ordinance, the Tribunal will not grant a vacant possession order against the former owner in the absence of the proper procedural application for possession under the Lands Tribunal Ordinance; accordingly the Trustees' application for such a direction was dismissed.

Citation
EVERSOUND INVESTMENTS LTD v. AU-YEUNG NGAN SIU AND OTHERS
Parties
Trustee (applicant): Ho Chi Kit; Trustee (applicant): Cheung Chi Yu; Purchaser (applicant in Sale): A; Former Owner/occupant (2nd Respondent): R2
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
12 December 2013
Case Number
LDCS34000/2012
Procedural Posture
Application Under Land (compulsory Sale for Redevelopment) Ordinance for Directions and Vacant Possession / Application to Lands Tribunal Following Compulsory Sale; Judgment on Application for Directions
Outcome
Application dismissed
Legal Topics
Vacant Possession, Compulsory Sale for Redevelopment, Trustees' Duties, Procedural Requirements for Possession Orders, Service
Source Language
EN
Property Law Landlord and Tenant Law Civil Procedure Tribunal Jurisdiction Vacant Possession Compulsory Sale for Redevelopment Trustees' Duties Procedural Requirements for Possession Orders +1 more

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Parties

Ho Chi Kit

Trustee (applicant)

Cheung Chi Yu

Trustee (applicant)

A

Purchaser (applicant in Sale)

R2

Former Owner/occupant (2nd Respondent)

Procedural Posture

Application Under Land (compulsory Sale for Redevelopment) Ordinance for Directions and Vacant Possession / Application to Lands Tribunal Following Compulsory Sale; Judgment on Application for Directions

Legal Issues

  1. 1 Whether the Lands Tribunal may, under s.4(6)(c) and s.4(9) of the Land (Compulsory Sale for Redevelopment) Ordinance, order vacant possession against a former owner/minority owner without a separate possession application under the Lands Tribunal Ordinance
  2. 2 Whether the Tribunal's jurisdiction under s.8(6) of the Lands Tribunal Ordinance authorises dispensing with the formal procedure for possession
  3. 3 Whether the Trustees exhausted reasonable steps to locate the former owner and obtain possession

Ratio Decidendi

Although the Lands Tribunal has jurisdiction to order recovery of possession under s.8(6) and may give directions under ss.4(6)(c) and 4(9) of the Ordinance, the Tribunal will not grant a vacant possession order against the former owner in the absence of the proper procedural application for possession under the Lands Tribunal Ordinance; accordingly the Trustees' application for such a direction was dismissed.

Court Disposition

Application dismissed

Orders

  • Application dismissed
  • No order as to costs