Hong Kong Case Law: Decisions & Judgments

Topic

Lands resumption

Legal area

Court

31 May 2019

JOIN EASE INVESTMENT LTD v. DIRECTOR OF LANDS

Citation

[2019] HKLdT 38
Court

Lands Tribunal
Case number

LDLR11/2016

The Tribunal refused extension of time and leave to appeal because the delay (36 days past deadline) was substantial and inexcusable, the applicants therefore had to show a real prospect of success and they failed to do so; materially, under section 12(c) LRO the tribunal correctly excluded any building or development potential based on prospective Small House Policy/ding rights because no building licences or enforceable rights existed as at the resumption date; substitution of the executrix was permitted for two matters to validate proceedings; costs were awarded to the respondent.
31 May 2019

LEE CHONG YIP v. DIRECTOR OF LANDS

Citation

[2019] HKLdT 38
Court

Lands Tribunal
Case number

LDLR7/2016

The applications for extension of time and leave to appeal were dismissed because the tribunal found the 36‑day delay from deadline substantial and inexcusable, requiring the applicants to show a real prospect of success which they failed to establish; materially, under section 12(c) LRO no account could be taken of the prospect of obtaining building licences or lease modifications where none were granted at the resumption date, and the asserted ding rights did not convert governmental discretion or judicial‑reviewable refusals into enforceable 'as of right' entitlements; substitution of the…
31 May 2019

CHUNG SZE HONG v. DIRECTOR OF LANDS

Citation

[2019] HKLdT 38
Court

Lands Tribunal
Case number

LDLR6/2016

Applicants' applications for extension of time and leave to appeal were dismissed because the delay was substantial and inexcusable and they failed to demonstrate the required real prospect of success; the Tribunal held that building or development potential arising from Small House Policy/ding rights could not be taken into account under section 12(c) of the LRO as no building licences had been granted at the resumption date; substitution of Cheung Cho Gau as executrix was granted for two matters to validate proceedings.
23 Jan 2019

CHENG KAM v. DIRECTOR OF LANDS

Citation

[2019] HKLdT 6
Court

Lands Tribunal
Case number

LDLR12/2016

The Tribunal held that (1) applicants failed to prove vehicular access as at the resumption date; (2) the Block Government Lease covenant operates as a restriction relevant to user so prospects of obtaining building licences or lease modification fall within s.12(c) LRO and must be disregarded; and (3) consequently the best use is open storage with pedestrian access only and compensation is to be assessed on that basis using the respondent's comparables and adjustments, producing the award set out in the judgment.
25 Jun 2004

GAIN TALENT DEVELOPMNET LTD v. THE SECRETARY FOR ENVIRONMENT TRANSPORT AND WORKS

Citation

GAIN TALENT DEVELOPMNET LTD v. THE SECRETARY FOR ENVIRONMENT TRANSPORT AND WORKS
Court

Lands Tribunal
Case number

LDMR7/2003

The Tribunal held that the Applicant remained the former owner because the SPA passed the beneficial interest to the Applicant and the Memorandum of Agreement with Everett was only an agreement to enter a SPA with no evidence that a sale to Everett was completed; accordingly the Applicant was entitled to compensation for the resumed lots, assessed and agreed at HK$4,741,000, which the Respondent was ordered to pay.

Hong Kong Case Law

JOIN EASE INVESTMENT LTD v. DIRECTOR OF LANDS

LEE CHONG YIP v. DIRECTOR OF LANDS

CHUNG SZE HONG v. DIRECTOR OF LANDS

CHENG KAM v. DIRECTOR OF LANDS

GAIN TALENT DEVELOPMNET LTD v. THE SECRETARY FOR ENVIRONMENT TRANSPORT AND WORKS