Hong Kong Case Law: Decisions & Judgments

Topic

Land (compulsory sale for redevelopment) ordinance cap 545

Legal area

Court

13 Feb 2025

WISE GRACE INVESTMENT LTD AND OTHERS v. LUI MAN DUNG AND OTHERS

Citation

[2025] HKLdT 5
Court

Lands Tribunal
Case number

LDCS15000/2021

On the proper construction of Cap 545 the tribunal must be satisfied of the s4(2) prerequisites before ordering sale; here the applicants met the ownership threshold and, applying the tenantable standard to expert evidence, the buildings' age and state of repair justify redevelopment and applicants took reasonable steps to acquire shares; there is no residual discretion to refuse sale once s4(2) is satisfied; RDV set at $242,000,000; order for sale made and trustees appointed; costs ordered nisi in favour of respondents to be taxed if not agreed.
6 Dec 2017

SKY REACH ENTERPRISES LTD AND OTHERS v. THE PRESONAL REPRESENTATIVE OF THE ESTATE OF CHAN KIT HEN, DECEASED

Citation

SKY REACH ENTERPRISES LTD AND OTHERS v. THE PRESONAL REPRESENTATIVE OF THE ESTATE OF CHAN KIT HEN, DECEASED
Court

Lands Tribunal
Case number

LDCS3000/2017

Applicants met the statutory ownership threshold (80%) under the specified Notice; the Tribunal accepted the valuers' EUV and RDV assessments in the absence of contradictory evidence; expert evidence established the Building is old and in poor repair making redevelopment justified; applicants took reasonable steps (no offer required where owner is missing); accordingly an order for sale by public auction with reserve price equal to the RDV of HKD81,200,000 and appointment of trustees to hold the respondent's share pending related proceedings was warranted.

Hong Kong Case Law

WISE GRACE INVESTMENT LTD AND OTHERS v. LUI MAN DUNG AND OTHERS

SKY REACH ENTERPRISES LTD AND OTHERS v. THE PRESONAL REPRESENTATIVE OF THE ESTATE OF CHAN KIT HEN, DECEASED