Hong Kong Case Law: Decisions & Judgments

Topic

Compensation approach

Legal area

Court

21 Apr 2023

ABLE WIDE CORPORATION LTD AND OTHERS v. THE INCORPORATED OWNERS OF GOOD YEAR INDUSTRIAL BUILDING AND ANOTHER

Citation

[2023] HKLdT 33
Court

Lands Tribunal
Case number

LDCS1000/2020

Applying the Compensation Approach endorsed in Good Faith, the Tribunal found R4's revitalization case and last-minute valuation revisions were unreasonable and had no realistic prospect, caused unnecessary costs and trial delay; accordingly the costs order nisi was varied so the applicants pay 30% of R4's costs (including reserved costs) with certificate for two counsel to be taxed on High Court scale and R4 must pay the applicants' costs of the variation application with certificate for one counsel to be taxed on High Court scale.
2 Mar 2017

FIRST KIND LTD v. UNION ESSENCE INVESTMENTS LTD AND OTHERS

Citation

FIRST KIND LTD v. UNION ESSENCE INVESTMENTS LTD AND OTHERS
Court

Lands Tribunal
Case number

LDCS20000/2014

Leave to appeal on costs was refused because the applicants failed to demonstrate a reasonable prospect of success or other sufficient reason in the interests of justice; the Tribunal correctly applied the compensation approach to the preliminary issues and the applicants' complaints amounted to disagreement with the exercise of discretion rather than an error of law or plainly wrong decision.
2 Mar 2017

FIRST KIND LTD v. WONG SHEK AND OTHERS

Citation

FIRST KIND LTD v. WONG SHEK AND OTHERS
Court

Lands Tribunal
Case number

LDCS15000/2014

Leave to appeal was refused because applicants failed to show a reasonable prospect of success or any other reason in the interests of justice under s.11AA(6); the Tribunal correctly applied the compensation approach to the preliminary issues and its exercise of discretion was not plainly wrong or legally erroneous.
2 Mar 2017

FIRST KIND LTD AND ANOTHER v. LIU KENG CHOR, THE ADMINISTRATOR OF THE ESTATE OF LI FUNG MAN DECEASED AND ANOTHER

Citation

FIRST KIND LTD AND ANOTHER v. LIU KENG CHOR, THE ADMINISTRATOR OF THE ESTATE OF LI FUNG MAN DECEASED AND ANOTHER
Court

Lands Tribunal
Case number

LDCS12000/2014

Leave to appeal was refused because applicants failed to show a reasonable prospect of success or other reason in the interests of justice under s.11AA(6); the Tribunal correctly applied the compensation approach to the preliminary merged-site issues, its exercise of discretion was not plainly wrong, and authorities relied on by applicants (including Penny's Bay) were inapplicable or distinguishable.
11 Nov 2013

GOOD FAITH PROPERTIES LTD AND OTHERS v. CIBEAN DEVELOPMENT COMPANY LTD

Citation

GOOD FAITH PROPERTIES LTD AND OTHERS v. CIBEAN DEVELOPMENT COMPANY LTD
Court

Lands Tribunal
Case number

LDCS42000/2011

The Tribunal refused to import the compensation approach from compulsory acquisition into compulsory sale cases; applied the ordinary costs rule with discretion under s12 and Order 62, found respondent pursued unmeritorious valuation and reasonable-steps arguments that unreasonably escalated costs, and therefore ordered respondent to pay applicants' costs except for specified categories the applicants would have incurred in any event and an unsuccessful application to adduce further report.

Hong Kong Case Law

ABLE WIDE CORPORATION LTD AND OTHERS v. THE INCORPORATED OWNERS OF GOOD YEAR INDUSTRIAL BUILDING AND ANOTHER

FIRST KIND LTD v. UNION ESSENCE INVESTMENTS LTD AND OTHERS

FIRST KIND LTD v. WONG SHEK AND OTHERS

FIRST KIND LTD AND ANOTHER v. LIU KENG CHOR, THE ADMINISTRATOR OF THE ESTATE OF LI FUNG MAN DECEASED AND ANOTHER

GOOD FAITH PROPERTIES LTD AND OTHERS v. CIBEAN DEVELOPMENT COMPANY LTD