Hong Kong Case Law: Decisions & Judgments

Topic

Reasonable steps to acquire minority interests

Legal area

Court

1 Apr 2026

OR PUI KWAN v. CHING PO YI AND ANOTHER

Citation

[2026] HKLdT 18
Court

Lands Tribunal
Case number

LDCS1000/2023

The Tribunal held the Applicant satisfied statutory prerequisites (80% threshold applied), determined EUV total HK$201,213,000 and RDV HK$277,000,000, found redevelopment justified on grounds of both age and state of repair (repairs neither cost-effective nor financially viable using the Tribunal's benchmarks), concluded the Applicant had taken reasonable steps to acquire minority shares, granted an order for sale, appointed trustees and fixed the auction reserve price at HK$277,000,000.
3 Jun 2025

EXCELLENT GROUP INC LTD v. WAH FUNG SHING LAND INVESTMENT COMPANY LTD AND OTHERS

Citation

[2025] HKLdT 27
Court

Lands Tribunal
Case number

LDCS8000/2021

Applicant entitled to apply under Cap 545 with lowered 80% threshold; market value (EUV) may reflect existing configuration where highest and best use and market reality so indicate (adopted 8-shop approach for ground floor shops and assessed overall EUV of HKD 703,670,000 as at 28 May 2021); roof units without undivided shares do not attract EUV or share of sale proceeds; building's age and inherent structural and material defects and disproportionate repair costs justify redevelopment; applicant took reasonable steps to acquire remaining shares; residual redevelopment valuation led to land…
1 Feb 2023

ASIA RICH INCORPORATION LTD AND OTHERS v. WEALTH STEP HOLDINGS LTD AND ANOTHER

Citation

[2023] HKLdT 9
Court

Lands Tribunal
Case number

LDCS15000/2019

The Tribunal found applicants met the statutory ownership threshold (>80%), accepted expert evidence that the Building is aged, structurally and functionally obsolete with irreversible reinforcement corrosion and carbonation and repair costs disproportionate to benefit, found the applicants took reasonable steps to acquire remaining shares by making offers within a fair and reasonable band, determined the total EUV at HKD 997,032,000, fixed the RDV/reserve price at HKD 2,134,000,000 as at 4 July 2022 and ordered sale by public auction with trustees appointed and costs nisi against applicants.
29 Apr 2021

DAILY LEADER LTD AND ANOTHER v. TOP LEAD INVESTMENT LTD AND OTHERS

Citation

[2021] HKLdT 29
Court

Lands Tribunal
Case number

LDCS29000/2019

The Tribunal held that redevelopment of the Lot was justified due to the building's age and defective state; the applicants had taken reasonable steps to acquire the remaining undivided shares under s.4(2)(b); accordingly an order for sale by public auction was proper, the Trustee was appointed, and the reserve price for auction was fixed at HK$800,000,000, with completion of redevelopment required within six years of vesting.
26 Jan 2021

NICE ABLE HOLDINGS LTD AND ANOTHER v. CHI AH CHIANG AND ANOTHER

Citation

[2021] HKLdT 6
Court

Lands Tribunal
Case number

LDCS22000/2020

The Tribunal accepted expert evidence that the building (over 58 years old) is in a state of serious disrepair and functionally obsolete, and that repair costs and ongoing deterioration make redevelopment justified; the applicants had taken reasonable steps to acquire remaining shares; the EUV and RDV valuations produced by the applicants' expert were accepted and a sale order by public auction was therefore warranted with the reserve price fixed at HKD190,000,000 and trustees appointed to manage the sale.
25 Mar 2020

KANNIX LTD AND ANOTHER v. CORELUXE DEVELOPMENTS LTD AND OTHERS

Citation

[2020] HKLdT 9
Court

Lands Tribunal
Case number

LDCS8000/2018

The Tribunal accepted expert structural and condition reports that the Building is old and in poor repair and beyond its design life; it resolved competing valuation disputes in favour of the applicants' valuation adjustments in most respects, determined total EUV at HKD 502,190,000 and RDV at HKD 700,000,000 as at 14 October 2019, and concluded applicants satisfied section 3 ownership threshold, redevelopment was justified under section 4(2)(a) and applicants had taken reasonable steps under section 4(2)(b); accordingly an order for sale by public auction was granted with specified trustees…
14 Mar 2019

FIRST MATE DEVELOPMENT LTD v. CHOR KWONG WAI AND OTHERS

Citation

[2019] HKLdT 20
Court

Lands Tribunal
Case number

LDCS9000/2016

Applicant met the lowered threshold (80%), expert evidence established redevelopment justified by age and poor state/repair, applicant took reasonable steps to acquire remaining shares, tribunal accepted the expert EUV and RDV valuations and therefore granted an order for sale by public auction of the merged site with reserve price set at RDV $626,000,000, directed apportionment of net proceeds by the EUV of all units, appointed trustees and ordered specified ancillary directions including holding of proceeds attributable to R4 pending HCMP 1377/2017.
11 Aug 2017

FORTRESS JET LTD AND OTHERS v. TANG HOI YIP AND CHEUNG SAU CHAN PROPERTY LTD AND OTHERS

Citation

FORTRESS JET LTD AND OTHERS v. TANG HOI YIP AND CHEUNG SAU CHAN PROPERTY LTD AND OTHERS
Court

Lands Tribunal
Case number

LDCS3000/2015

Where a majority owner meets the statutory ownership threshold (here 80% by Gazette notice) and the Tribunal is satisfied on evidence that the buildings are aged, physically and functionally obsolete such that hypothetical repair cost is substantial and disproportionate to rebuilding cost, and that the majority has taken reasonable steps to acquire minority interests by making fair offers, the Tribunal will order compulsory sale for redevelopment; the correct assessment standard for redevelopment is the tenantable condition/obsolescence test (broader than MBIS safety standard).
12 Jun 2015

CHEER CAPITAL LTD v. UNIBASE INVESTMENT LTD AND OTHERS

Citation

CHEER CAPITAL LTD v. UNIBASE INVESTMENT LTD AND OTHERS
Court

Lands Tribunal
Case number

LDCS5000/2013

Tribunal accepted expert evidence that the buildings were of advanced age and in poor structural and repair condition and that redevelopment was justified; applicant held sufficient undivided shares (≥80% under the Notice) and had taken reasonable steps to acquire remaining shares including multiple offers informed by independent valuation; therefore Tribunal granted two orders for sale and directed a combined auction of the merged site, fixed a reserve price for the merged site at HKD 1,075,000,000 (rounded), directed apportionment of net proceeds pro rata by assessed EUV under Part 3 of Sch…
12 Jun 2015

CHEER CAPITAL LTD v. BETTER RAY CO LTD AND OTHERS

Citation

CHEER CAPITAL LTD v. BETTER RAY CO LTD AND OTHERS
Court

Lands Tribunal
Case number

LDCS6000/2013

Tribunal accepted expert evidence that the buildings were beyond reasonable economic repair and redevelopment was justified; applicant met the statutory ownership threshold and had taken reasonable steps to acquire remaining interests; Tribunal determined EUVs and RDV for the merged site, fixed a reserve price for auction of $1,075,000,000, directed two orders for sale with a combined auction, and ordered that net proceeds be apportioned pro rata by the assessed EUV of the constituent units (per Part 3 of Schedule 1). Trustees and solicitors were appointed and a costs order nisi made in favou…