24 May 2011
SIN HO YUEN v. FINEWAY PROPERTIES LTD
- Citation
- SIN HO YUEN v. FINEWAY PROPERTIES LTD
- Court
- Court of Final Appeal
- Case number
- FACV13/2010
The court acceded to a consent dismissal of the appeal and explained legal approach: ordinarily an agreed reserve price should not be re-opened for mere market fluctuations; where there is a material change of circumstance a party should apply to the Lands Tribunal (implied liberty to apply) to reset the reserve price; whether a post-auction remedy is available to an objecting minority owner is not closed to the court and may exist in appropriate circumstances, but the present appeal was disposed by settlement so no definitive remedial formula was declared.