Hong Kong Case Law: Decisions & Judgments

Topic

Compulsory sale

Legal area

Court

17 Mar 2026

SUCCESS BRAVO LTD v. THE CHINA HONG NIN LIFE INSURANCE COMPANY LTD AND OTHERS

Citation

[2026] HKLdT 14
Court

Lands Tribunal
Case number

LDCS19000/2022

Although the Applicant satisfied procedural prerequisites and made reasonable offers, the Tribunal found redevelopment was not justified on either 'age' or 'state of repair'. The adjusted repair cost ($15,000,000) compared to the adopted reconstruction cost ($77,000,000) produced a Cost Ratio of ~19.5% (below the Tribunal benchmark 25%), and the repair cost as a proportion of Existing Use Value was ~2.7% (below the financial viability benchmark of 3%). On that basis, the proposed repairs were cost effective and financially viable and did not meet the statutory threshold for compulsory sale un…
13 Feb 2026

VICTORY SUPER LTD v. LOI WAI YUNG AND OTHERS

Citation

[2026] HKLdT 8
Court

Lands Tribunal
Case number

LDCS2000/2023

The Tribunal concluded that on the evidence the Applicant had not taken reasonable steps under s4(2)(b) because its offers fell outside the band of what could be regarded as fair and reasonable given conflicting valuation evidence, failures to value unauthorized building works correctly, reliance on discredited comparables, and the Applicant's conduct in managing the building and common parts which undermined its position; while the Tribunal did not grant leave on prospects of success, it granted leave in the interests of justice because the proper construction of s4(2)(b) is a matter of publ…
12 Dec 2025

KERRYFORD HOLDINGS LTD AND OTHERS v. PROFIT VALLEY LTD AND OTHERS

Citation

[2025] HKLdT 75
Court

Lands Tribunal
Case number

LDCS8000/2022

The Tribunal held that clauses imposing an obligation on owners to deliver all title deeds on completion and to discharge encumbrances at their own cost (and related indemnities) exceeded the Tribunal's statutory remit or were unnecessary; deleted the underlined sentences in the proposed Particulars and Conditions of Sale; confirmed that owners must prove title and discharge encumbrances to obtain their proceeds but are not compelled to discharge encumbrances or deliver title deeds prior to completion; granted the 3-month extension under s 4(1)(b) and directed that the first auction take plac…
28 Jul 2025

TAI CHUNG PROPERTY LTD v. CHEN LAN SUM IRENE

Citation

[2025] HKLdT 40
Court

Lands Tribunal
Case number

LDCS4000/2023

The Tribunal found statutory preconditions satisfied (applicant met ownership threshold taking into account lowered percentage for >50‑year buildings), redevelopment was justified on age and serious structural defects shown by uncontested expert evidence, the applicant had taken reasonable steps to acquire the minority interest including multiple offers (one offering to pay the premium), valuation disputes were resolved by adopting the experts' agreed and preferred adjustments resulting in EUV HKD122,292,000 and an RDV/reserve price of HKD83,300,000, and therefore an order for sale by public…
12 Dec 2024

LUCK MOST LTD AND OTHERS v. GOOD MOVEMENT LTD

Citation

[2024] HKCA 1156
Court

Court of Appeal
Case number

CAMP288/2023

Leave to appeal was granted solely on the question whether the Tribunal can take marriage/hope value into account when fixing the reserve price because that is an unsettled question of general public importance requiring determination by the Court of Appeal; leave was refused on remaining questions because there was no evidential basis that the reserve price would necessarily become the sale price (speculation) and no reasonable prospect of success on the challenge to the Judge's case management expunging expert reports.
9 Aug 2024

BILLION GLORY PROPERTIES LTD AND OTHERS v. LI BAOZHU AND OTHERS

Citation

[2024] HKLdT 68
Court

Lands Tribunal
Case number

LDCS23000/2019

The Tribunal held that the Order for Sale as extended remained extant and that trustees appointed by the Tribunal retain the statutory and fiduciary duties to sell the lot by public auction under s.5(1); trustees are entitled to seek directions under s.4(9) and do not need the consent of all owners or the Applicants to organise a second auction; therefore the Direction ordering the trustees to arrange a second auction at the reserve price was proper and there was no ground to review it.
31 May 2024

BILLION GLORY PROPERTIES LTD AND OTHERS v. LI BAOZHU AND OTHERS

Citation

[2024] HKLdT 50
Court

Lands Tribunal
Case number

LDCS23000/2019

The Tribunal held it would exercise discretion to grant a single 3-month extension under s5(4)(b) to 29 August 2024 but refused leave to re-fix the reserve price. The reserve price fixed at $2,425,000,000 was within a reasonable valuation bracket (c.15%) of other assessments and there was insufficient evidence of a significant post-judgment market fall to justify re-opening the final order. Re-fixing the reserve after an aborted auction would undermine statutory finality and minority protection and is not supported by the Ordinance or the facts.
29 Feb 2024

BILLION GLORY PROPERTIES LTD AND OTHERS v. LI BAOZHU AND OTHERS

Citation

[2024] HKLdT 17
Court

Lands Tribunal
Case number

LDCS23000/2019

On the evidence the applicants met the applicable 80% ownership threshold; credible expert building condition and structural evidence established the building is materially aged, functionally and structurally obsolete such that redevelopment is justified; applicants took reasonable steps to acquire remaining shares; Tribunal accepted the Alternative Scheme parameters, applied agreed and tribunal-preferred valuation adjustments, adopted developer's profit of 22.5% and discount/finance rate of 5.5%, computed EUV at HK$1,591,340,000 and RDV/land value at HK$2,425,000,000 and ordered compulsory s…
15 Nov 2023

添盟有限公司對梁志文

Citation

[2023] HKCA 1276
Court

Court of Appeal
Case number

CAMP37/2023

The court refused leave because the proposed appeal lacked a realistic prospect of success and was largely a re‑petition of factual complaints already rejected by the Tribunal; the compulsory sale had been effected and title vested in the purchaser making the proposed appeal academic under s.8(1)(a); no legal error or manifestly wrong factual finding was shown; costs awarded to respondent HK$120,000.
3 Nov 2023

STARWICK INVESTMENT LTD AND ANOTHER v. YIP KA YIN AND OTHERS

Citation

[2023] HKLdT 64
Court

Lands Tribunal
Case number

LDCS9000/2021

Tribunal held applicants met statutory criteria in s4(2): building is aged and in poor state of repair under the tenantable standard and applicants took reasonable steps to purchase remaining shares; tribunal rejected existence of a residual discretion to refuse sale beyond the statutory criteria; accordingly order for sale granted and reserve price set at HK$355,000,000.