Hong Kong Case Law: Decisions & Judgments

Topic

Compulsory sale order

Legal area

Court

28 Jun 2024

SMART BASE HOLDINGS LTD AND ANOTHER v. WONG TAK SHING, the Administrator of the Estate of WONG PING, deceased AND ANOTHER

Citation

[2024] HKLdT 59
Court

Lands Tribunal
Case number

LDCS16000/2021

The Tribunal held that an applicant may rely on s.3(2)(b) to make a multiple-lot application including a lot wholly owned by the applicant where the buildings are connected by a staircase for common use; on the evidence redevelopment of the Lots was justified by age and state of repair; the applicants had taken reasonable steps to acquire the remaining shares; the RDV/land value was determined at HK$120,000,000 and the Tribunal granted an order for sale by public auction with that reserve price and appointed trustees.
8 Dec 2023

CROWN CENTRE DEVELOPMENT LTD AND ANOTHER v. WONG WAI PING AND OTHERS

Citation

[2023] HKLdT 73
Court

Lands Tribunal
Case number

LDCS12000/2021

The Tribunal found applicants met the statutory ownership threshold, expert evidence established the Building is functionally and structurally obsolete and redevelopment is justified by age and state of repair, the applicants took reasonable steps to acquire outstanding interests including fair offers, and the Tribunal has no residual discretion under the Ordinance to refuse an order once s4(2) criteria are satisfied; accordingly an order for compulsory sale was made and the RDV/reserve price was fixed at HKD 249,800,000.
27 Mar 2023

119 LTD v. YAU SAU PAK AND ANOTHER

Citation

[2023] HKLdT 25
Court

Lands Tribunal
Case number

LDCS10000/2021

On the evidence (condition survey and structural assessment) the buildings are over their design working life and in poor/dilapidated state so redevelopment is justified; applicant held sufficient average share ownership to invoke s.3(2)(b) and took reasonable steps to acquire remaining shares by making offers; Tribunal accepted valuation approach and adjustments advocated by applicant in key respects and determined total EUV of buildings at HKD 296,277,000 and RDV/reserve price for auction at HKD 452,500,000; trustees nominated by applicant are suitably appointed and sale will proceed by pub…
19 Oct 2022

APEX INTELLIGENCE LTD v. CHAN HOI KUEN AND OTHERS

Citation

[2022] HKLdT 55
Court

Lands Tribunal
Case number

LDCS5000/2019

Tribunal held applicant entitled to bring the application under s.3(2)(b) applying the averaging exception because the buildings are connected by a staircase for common use; redevelopment was justified by age and structural/state-of-repair evidence; applicant had taken reasonable steps to acquire remaining interests where owners were missing or estates were restrained; Tribunal determined RDV at HKD 260,000,000, ordered sale of all undivided shares by public auction with appointed trustees, directed discharge or vesting arrangements for listed incumbrances and made specified costs orders.
11 Jul 2022

SMART HOST LTD v. ACEWELL INVESTMENTS LTD

Citation

[2022] HKLdT 27
Court

Lands Tribunal
Case number

LDCS29000/2020

Tribunal held applicant was entitled to make the application (ownership threshold met under Gazette notice and s3(2)(b)), redevelopment was justified by expert building and structural evidence of age and poor repair, applicant had taken reasonable steps and made fair offers, and on valuation evidence the merged-site RDV was assessed at HK$588,700,000; therefore sale of all undivided shares by single public auction together with adjoining lots (merged site) was ordered with that reserve price, trustees appointed and proceeds to be apportioned by registered site area and adopted EUVs for compen…
5 Jan 2022

TOP PRINCE LTD v. TSANG SUI CHUN (曾瑞珍), the intended Administratrix of the Estate of CHOW YIN WAH (周燕華), deceased

Citation

[2022] HKLdT 1
Court

Lands Tribunal
Case number

LDCS33000/2020

The Tribunal granted the compulsory sale order because the applicant satisfied the statutory 90% threshold, produced unchallenged expert evidence establishing that the Building's age and extensive state of disrepair justified redevelopment, demonstrated it had taken reasonable steps to acquire remaining interests, and provided valuation evidence supporting a reserve price; accordingly the Lot was ordered sold by public auction with trustees appointed and costs awarded to the respondent under the compensation approach.
21 Dec 2021

COURAGE INVESTMENTS LTD AND ANOTHER v. GO SIN LI alias WU SHEN LI AND OTHERS

Citation

[2021] HKLdT 78
Court

Lands Tribunal
Case number

LDCS17000/2020

The Tribunal found applicants met the statutory ownership threshold (80% under the Gazette notice), expert evidence (structural and condition surveys) demonstrated the Building's age and poor state of repair making redevelopment justified, applicants had taken reasonable steps to purchase minority shares, and the Savills EUV and RDV assessments were accepted leading to a reserve price of HKD 368,000,000; accordingly the Tribunal granted a compulsory sale order by public auction, appointed trustees and fixed sale conditions including a 6 year redevelopment completion requirement.
19 Apr 2021

SUCCESS ACTIVE LTD v. HARBOURVIEW INTERNATIONAL HOLDINGS LTD AND OTHERS

Citation

[2021] HKLdT 24
Court

Lands Tribunal
Case number

LDCS31000/2018

On the evidence and expert reports the Tribunal was satisfied redevelopment of the Lots was justified due to the age and state of repair; the applicant met the statutory ownership threshold (applying the 2010 Notice lowering threshold to 80%); the applicant took reasonable steps to acquire minority interests; accordingly a compulsory sale order was made and sale by public auction ordered with a reserve price set at HKD 300,000,000 and trustees appointed.
11 Sept 2020

PERFECT HORIZON LTD v. CO SAM AND OTHERS

Citation

[2020] HKLdT 37
Court

Lands Tribunal
Case number

LDCS23000/2018

The Tribunal found applicant met the statutory ownership threshold (80% under the 2010 Notice), redevelopment of the Lot was justified on grounds of age and state of repair based on expert evidence, the applicant had taken reasonable steps to acquire remaining shares, and the RDV was properly determined by residual valuation resulting in a reserve price of HKD 223,372,680; accordingly a compulsory sale order for public auction was granted and trustees appointed.
27 Feb 2009

TITANO LTD v. CHEUNG SO AND OTHERS

Citation

TITANO LTD v. CHEUNG SO AND OTHERS
Court

Lands Tribunal
Case number

LDCS9000/2007

The Tribunal granted the compulsory sale because the applicant satisfied s.4(2) of the Ordinance: expert evidence established the building is at the end of its economic life and repairs are uneconomic, and the applicant had taken reasonable steps to acquire the outstanding undivided shares; the expert RDV valuation was accepted and used to fix a reserve price and to order sale by public auction with trustees appointed.