Hong Kong Case Law: Decisions & Judgments

Topic

Conditions of sale

Legal area

Court

25 Apr 2014

WISH CONCEPT LTD AND OTHERS v. WEN-PAO VAN AND OTHERS

Citation

WISH CONCEPT LTD AND OTHERS v. WEN-PAO VAN AND OTHERS
Court

Lands Tribunal
Case number

LDCS57000/2012

Applicants satisfied s.3 ownership threshold; expert evidence on valuation, structural and condition reports were accepted; Tribunal found redevelopment justified as building beyond economic repair and applicants had taken reasonable steps to acquire outstanding shares; the Tribunal fixed reserve price at HK$660,000,000 based on expert residual valuation, appointed trustees and ordered sale by public auction with approved particulars and conditions of sale.
12 Dec 2012

VINCENT INVESTMENTS LTD v. BRIGHT WAY REAL ESTATE DEVELOPMENT CO LTD

Citation

VINCENT INVESTMENTS LTD v. BRIGHT WAY REAL ESTATE DEVELOPMENT CO LTD
Court

Lands Tribunal
Case number

LDCS12000/2011

The Tribunal accepted the applicant's expert valuation evidence (Charles Chan) for EUVs and RDV, concluded redevelopment of the Lots is justified due to the age and defective state of the building based on structural and building surveyor reports, found that the applicant took reasonable steps to acquire the minority shares (offers documented and mediation undertaken), set the RDV/reserve price at HK$333,000,000, appointed the proposed sale trustees and approved the sale particulars and remuneration, and therefore ordered compulsory sale for redevelopment.
5 Nov 2007

WING MING GARMENT FACTORY LTD v. THE INCORPORATED OWNERS OF WING MING INDUSTRIAL CENTRE AND OTHERS

Citation

WING MING GARMENT FACTORY LTD v. THE INCORPORATED OWNERS OF WING MING INDUSTRIAL CENTRE AND OTHERS
Court

Court of First Instance
Case number

HCA8805/1993

An interlocutory injunction was granted because the Incorporated Owners are obliged to enforce the DMC and Wing Ming had allowed use of its ground floor premises contrary to the Occupation Permit and Conditions of Sale, had given a binding undertaking to enforce the DMC against its tenants and therefore could not rely on other owners' breaches or alleged selective enforcement as a defense to resist injunctive relief.
20 Apr 2006

BOND STAR DEVELOPMENT LTD v. CAPITAL WELL LTD

Citation

BOND STAR DEVELOPMENT LTD v. CAPITAL WELL LTD
Court

Lands Tribunal
Case number

LDCS2000/2001

The Tribunal construed s4(1)(c)(i) to vest the nomination of trustees in the majority owner only and, having accepted the unchallenged professional valuation as the market value, appointed two of the Applicant's nominated solicitors as joint trustees, fixed the reserve price at $15,790,000, removed vendor withdrawal powers from the conditions of sale, appointed Jones Lang LaSalle as auctioneer and an independent firm (Messrs. Sit, Fung, Kwong and Shum) as solicitors for the trustees, ordered apportionment of auction expenses and sale proceeds per the Ordinance and reserved costs.
12 Nov 2003

PAK WAI CHING v. THE SECRETARY FOR JUSTICE

Citation

PAK WAI CHING v. THE SECRETARY FOR JUSTICE
Court

Court of First Instance
Case number

HCMP255/2003

Plaintiff failed to prove that the Government had knowledge of the breach of special condition 2(a) prior to May 1993; proof of knowledge (direct or inferable) is essential to establish waiver or acquiescence; Jumbo Gold's risk test does not displace the knowledge requirement where the Government is a party enforcing the covenant; accordingly no waiver or acquiescence was established and the declaration was refused.
19 Jan 2000

RAIDER LTD. v. THE SECRETARY FOR JUSTICE

Citation

RAIDER LTD. v. THE SECRETARY FOR JUSTICE
Court

Court of Appeal
Case number

CACV115/1999

The Court held that, after consideration, an appeal by the unsuccessful plaintiff does lie as of right and accordingly granted leave to appeal pursuant to the Hong Kong Court of Final Appeal Ordinance, Cap. 484, s.22(1)(a), directing that an order be made in the terms of the minute placed before the Court.
7 Dec 1999

RAIDER LTD. v. THE SECRETARY FOR JUSTICE

Citation

RAIDER LTD. v. THE SECRETARY FOR JUSTICE
Court

Court of Appeal
Case number

CACV115/1999

The Court held that the paging service operation is a discrete, non-industrial use that is not ancillary to the manufacturing of pagers; therefore its use of parts of the premises breaches Special Condition 2 which confines the building to factory/industrial uses, and the appeal is allowed, setting aside the judgment below.
16 Jan 1996

BMC INTERNATIONAL LTD v. STAR WIN CO LTD

Citation

BMC INTERNATIONAL LTD v. STAR WIN CO LTD
Court

Court of First Instance
Case number

HCMP2878/1995

The agreement, read with Section 13(1) CPO and the incorporated conditions, required the vendor to produce the Crown Lease; no contrary intention was shown by the agreement; the records produced from the Public Records Office and the statutory declaration were insufficient to prove the Crown Lease or the Conditions of Sale and therefore did not establish "good title" as required; accordingly the plaintiff's declarations and orders in the originating summons were granted.
23 Oct 1981

HOFEI ESTATES LTD v. ATTORNEY GENERAL

Citation

HOFEI ESTATES LTD v. ATTORNEY GENERAL
Court

Court of First Instance
Case number

HCMP386/1981

The Gazette sale particulars and the incorporated General and Special Conditions must be construed as notifying the legal status and permitted use of the lot; on construction of those documents the lot in question is a "Building and Garden" lot and, at the date of resumption, building development up to a maximum coverage of two-thirds (approximately 66.6%) was permitted so long as a garden remained and other applicable restrictions, if any, were complied with; the matter was justiciable and declarations 1 and 3 were properly granted.
7 Dec 1973

WONG BEI NEI AND ANOTHER v. ATTORNEY GENERAL

Citation

WONG BEI NEI AND ANOTHER v. ATTORNEY GENERAL
Court

Court of First Instance
Case number

HCMP199/1973

Special Conditions 5 and 6 must be construed to require each house (a 'private dwelling house') to have a site and curtilage of not less than 8,000 sq.ft. and to exclude conversion to or erection of blocks of flats except where the Conditions expressly permit (the proviso permitting flats fronting Argyle Street and Waterloo Road). The Government correspondence modified the original Conditions only as to 28 Braga Circuit, permitting a building in flats on that lot within the limits stated in the correspondence; no such modification applied to 30 Braga Circuit. Informal departmental corresponde…