4 Jun 2020
PACIFIC BASE HOLDINGS LTD AND OTHERS v. LEE HOP BIU AND OTHERS
- Citation
- [2020] HKLdT 20
- Court
- Lands Tribunal
- Case number
- LDCS14000/2017
[2020] HKLdT 20
Hong Kong Case Law
Building authority approval
27 Jul 2009
LUCKY SUCCESS (HK) LTD v. KO NI KWONG AND ANOTHER
- Citation
- LUCKY SUCCESS (HK) LTD v. KO NI KWONG AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP567/2009
The vendors failed to show good title by the completion date because they did not produce timely, material evidence that the subdivision and related drainage and sanitary alterations had Building Authority approval; the late unsigned architect's certificate addressing only the partition was insufficient, and the unresolved risk of enforcement/demolition meant the purchaser was entitled to refuse completion and obtain the relief sought.
17 Aug 2007
CHAN SING HOI ENTERPRISES LTD v. VYKON MEDIA TECHNOLOGY LTD AND OTHERS
- Citation
- CHAN SING HOI ENTERPRISES LTD v. VYKON MEDIA TECHNOLOGY LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1604/2006
Appeal dismissed and summary judgment affirmed: defendants' illegality defence fails because the unlawful acts (erecting unauthorised signage and attempted unauthorized use) were unilateral actions by the tenant without landlord connivance and the entire agreement clause bars reliance on prior assurances; clause 2 of the Side Letter does not apply because there was no actual unauthorized user while the premises remained vacant and the tenant cannot profit from its own deliberate breach.
26 Feb 2007
MINGO PROPERTIES LTD v. THE DIRECTOR OF LANDS
- Citation
- MINGO PROPERTIES LTD v. THE DIRECTOR OF LANDS
- Court
- Lands Tribunal
- Case number
- LDLR6/2005
The Tribunal held that the open market value at the date of reversion (25 May 2005) must be determined by direct comparison on a vacant possession basis, valuing the two registered portions separately (as two shops), rejecting the zonal and investment 'check' methods as unnecessary or unreliable on the evidence, and adopting specified comparables and adjustments to arrive at an award of $17,080,000 in compensation.
29 Jan 2002
RE Sky Datamann (HK) Ltd
- Citation
- RE Sky Datamann (HK) Ltd
- Court
- Court of First Instance
- Case number
- HCCW487/2001
The court exercised its discretion and struck out the winding-up petition because the Company demonstrated a bona fide dispute on substantial grounds—specifically that the Petitioner installed an enclosed generator affecting the building and failed to obtain Building Authority approval as contractually required—and arbitration had been commenced; thus the matter was inappropriate to proceed by petition and should be determined by arbitration or other appropriate proceedings.
23 Dec 1980
AIK SAN REALTY LTD AND OTHERS v. ATTORNEY GENERAL
- Citation
- AIK SAN REALTY LTD AND OTHERS v. ATTORNEY GENERAL
- Court
- Court of First Instance
- Case number
- HCMP651/1980
The court held the proposed building both abuts and fronts Jardine's Crescent; the entire rear side (the full length from Nos.16–26), including the parts situated 13 inches behind the alienated strip with the 18‑ft signboard, constitutes the 'frontage' for the purposes of calculating street shadow area under Regulation 16(2); consequently the Building Authority's rejection of the plans was lawful.
8 Apr 1974
CROZET LTD AND OTHERS v. ATTORNEY GENERAL
- Citation
- CROZET LTD AND OTHERS v. ATTORNEY GENERAL
- Court
- Court of First Instance
- Case number
- HCMP409/1973
The Town Planning Board lawfully may include plot ratio restrictions in a draft Outline Zoning Plan under the Town Planning Ordinance and the Building Authority lawfully refused approval under Buildings Ordinance s.16(1)(d) because the proposed plans contravened that draft plan; the special condition in the Crown lease does not carry an implied term that approval will not be unreasonably withheld and the Building Authority's refusal was within its unfettered and reasonable discretion.