Hong Kong Case Law: Decisions & Judgments

Topic

Compulsory sale for redevelopment

Legal area

Court

31 Mar 2026

MODEST INTERNATIONAL LTD v. CROWN LANE INVESTMENT LTD AND OTHERS

Citation

[2026] HKLdT 19
Court

Lands Tribunal
Case number

LDCS11000/2022

Applicant satisfied statutory ownership threshold (80% per 2010 Notice); expert evidence on condition and structure established buildings are old and in poor repair making redevelopment justified under s.4(2)(a)(i); valuation evidence established EUV at HK$1,135,490,000 (as at 30.3.2022) and RDV by residual method at HK$2,027,000,000; applicant took reasonable steps to acquire remaining shares with offers supported by valuation evidence; therefore Tribunal ordered compulsory sale by public auction, appointed trustees, set reserve price at HK$2,027,000,000, and issued directions on delivery of…
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…
31 Mar 2025

WISE GRACE INVESTMENT LTD AND OTHERS v. LUI MAN DUNG AND OTHERS

Citation

[2025] HKLdT 14
Court

Lands Tribunal
Case number

LDCS15000/2021

The tribunal exercised its review power under s11A(1) and concluded that because the order for sale was made after the Amendment Ordinance's commencement, Schedule 3 as amended (which prescribes a 7-year redevelopment period for two or more lots) applies; accordingly paragraph 175(5) is varied to 7 years, and the order for sale is to take effect following the date of this decision to permit sealing, approval of revised particulars and trustee registration; no order as to costs was made.
7 Oct 2024

添盟有限公司對梁志文

Citation

[2024] HKDC 1667
Court

District Court
Case number

DCCJ5204/2023

Permission to appeal was refused because the defendant failed to demonstrate a reasonable prospect of success or other sufficient reason to hear a late appeal: his grounds attack a non‑appealable sale order and therefore do not amount to a defence to the plaintiff's claim; there was no evidence satisfying s5(2) of the Ordinance; the delay was unexplained and new evidence would not alter the outcome.
2 Sept 2024

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

Citation

[2024] HKCA 826
Court

Court of Appeal
Case number

CACV266/2024

The Lands Tribunal has no jurisdiction under s5(4) of the Land (Compulsory Sale for Redevelopment) Ordinance to refix the reserve price after a failed auction or to grant extensions beyond the total six months; alternatively, even if it had such jurisdiction, the Tribunal did not err in refusing to refix the reserve price because the applicants failed to demonstrate a material or significant change in market circumstances and a failed auction alone was insufficient to justify refixing.
21 Jun 2024

ORIENT SEA INVESTMENTS LTD AND OTHERS v. CHEUNG WING CHING AND OTHERS

Citation

[2024] HKLdT 55
Court

Lands Tribunal
Case number

LDCS27000/2018

The Tribunal granted the 12‑month extension because the applicant demonstrated exceptional conservation and technical difficulties that have materially prolonged works, substantial foundational and ELS works are complete, the AP expects to apply for an Occupation Permit by July 2027, and a 12‑month extension is proportionate; the existence of Government enforcement powers did not preclude the Tribunal from exercising its discretion to extend the covenant.
28 Mar 2024

WINLAND PROPERTY LTD AND OTHERS v. CHANG SAI HO formerly known as LAW WAI KUN AND OTHERS

Citation

[2024] HKLdT 27
Court

Lands Tribunal
Case number

LDCS7000/2022

The Tribunal granted the compulsory sale order: Majority Owners met the reduced 80% threshold, redevelopment was justified on age and serious state of repair evidenced by experts, Majority Owners had taken reasonable steps to acquire minority shares and offers were within a fair and reasonable band; the Tribunal determined EUV and RDV (EUV total HKD 834,849,000; adopted reserve price RDV HKD 801,000,000) and set the reserve price at HKD 801,000,000; the Tribunal refused to direct trustees to withhold proceeds in respect of the third party possessory claim but ordered specific notice and a 21-…
14 Nov 2023

CENTURY TREASURE LTD AND ANOTHER v. OR PUI KWAN AND OTHERS

Citation

[2023] HKCA 1286
Court

Court of Appeal
Case number

CAMP330/2023

Schedule 2 §2(a) unambiguously requires the reserve price to take into account the redevelopment potential of the subject lot "on its own"; the legislative history confirms the provision was intended to exclude enhancement arising from adjoining majority‑owned lots. The reserve price is a minimum and the market/auction is the mechanism to reflect any hope or marriage value; absent evidence of probable speculators or special purchasers, marriage/hope value should not be included. Therefore leave to appeal was refused.
12 Sept 2023

WELLAND RESOURCES LTD AND ANOTHER v. MEGA JOYFUL LTD

Citation

[2023] HKLdT 56
Court

Lands Tribunal
Case number

LDCS6000/2022

Applicants entitled to apply (held 83.33% and 2010 Notice lowered threshold to 80%); redevelopment justified on grounds of age and poor state of repair based on structural and condition reports; applicants took reasonable steps to acquire remaining share; side lane (23.2 sq m right-of-way) may be included in site area for plot ratio/GFA calculations under BD practice (APP-73) and for purposes of residual valuation the Tribunal included that area; residual valuation using appropriate comparables and adjustments produced RDV/Reserve Price HK$136,100,000; enclosed yard attributed fractional mark…
7 Sept 2023

CENTURY TREASURE LTD AND ANOTHER v. OR PUI KWAN AND OTHERS

Citation

[2023] HKLdT 55
Court

Lands Tribunal
Case number

LDCS4000/2021

The tribunal granted the compulsory sale order: it found (1) the applicants met the statutory ownership threshold under the Notice, (2) the Building is obsolete and in poor repair so redevelopment is justified under section 4(2)(a), (3) the applicants took reasonable steps to acquire remaining shares under section 4(2)(b) because offers reflected proportionate shares of RDV and fell within fair and reasonable range, (4) Schedule 2(2) requires the reserve price to be based on redevelopment potential of the subject lots on their own and excludes merged site uplift absent clear evidence, (5) the…