Hong Kong Case Law: Decisions & Judgments

Topic

Existing use value (euv) determination

Legal area

Court

16 Jun 2023

GREATMAX INTERNATIONAL LTD AND OTHERS v. LO SHA KAM HA TERESA AND OTHERS

Citation

[2023] HKLdT 47
Court

Lands Tribunal
Case number

LDCS7000/2019

On the statutory test in s4(2) the Tribunal accepted the applicants met prerequisites and proved redevelopment justified by both age and state of repair on expert evidence, applicants took reasonable steps to purchase minority shares with offers within a fair and reasonable band, alleged undue hardship is not a statutory bar and was not established as undue, the Tribunal determined EUV at HKD536,510,000 and RDV/reserve price at HKD1,000,000,000 and therefore granted an order for sale with conditions.
5 Aug 2022

CITY FAIR DEVELOPMENT LTD AND OTHERS v. HERN MIU FONG AND OTHERS

Citation

[2022] HKLdT 35
Court

Lands Tribunal
Case number

LDCS9000/2018

The tribunal found applicants satisfied the statutory threshold (80% applicable), accepted expert evidence that the Building is old and in a poor state of repair and that repair costs are disproportionate to redevelopment, determined the EUV of the Building at $640,541,000 and the RDV/reserve price at $1,213,400,000 (as at 16 May 2022) after adopting valuation adjustments and hypothetical development proposed by the applicants' expert, found the offers made fell within the band of fair and reasonable compensation and that reasonable steps were taken to acquire all undivided shares, and accord…
7 May 2014

DAY BRIGHT DEVELOPMENT LTD AND OTHERS v. CHOW BOWEN CHUN-SING AND OTHERS

Citation

DAY BRIGHT DEVELOPMENT LTD AND OTHERS v. CHOW BOWEN CHUN-SING AND OTHERS
Court

Lands Tribunal
Case number

LDCS20000/2012

Applicants satisfied statutory ownership threshold under the Ordinance read with the Gazette notice; expert valuation evidence of EUV was accepted as fair and reasonable for minority owners; independent structural and building surveys established the Building is beyond reasonable economic repair and redevelopment is justified; applicants proved they took reasonable steps to acquire remaining shares; accordingly the Tribunal ordered compulsory sale by public auction with reserve price set at the assessed RDV of HKD 421,000,000 and appointed trustees to conduct sale.
4 Dec 2013

MCKESSON LTD v. GREAT SHOP LTD

Citation

MCKESSON LTD v. GREAT SHOP LTD
Court

Lands Tribunal
Case number

LDCS9000/2012

Applicant met the lowered ownership threshold (80%) under the s3(5) Notice; the expert EUV valuations were fair and reasonable and the respondent's assessed share met the statutory comparative test; expert structural and building condition evidence showed the building was old, unsafe and uneconomic to repair so redevelopment was justified; applicant made repeated, expert-informed offers that fall within a broadly fair and reasonable range; RDV by residual method was acceptable so reserve price of HK$69,000,000 was fixed; therefore an order for compulsory sale was granted, trustees appointed a…
2 Dec 2013

SILVER WISDOM INVESTMENTS LTD AND ANOTHER v. YEUNG HIN KAN AND TAM SAU WAH AND ANOTHER

Citation

SILVER WISDOM INVESTMENTS LTD AND ANOTHER v. YEUNG HIN KAN AND TAM SAU WAH AND ANOTHER
Court

Lands Tribunal
Case number

LDCS7000/2013

The Tribunal found the applicants met the statutory ownership threshold, accepted expert evidence that the Building is aged, functionally obsolete and in very poor/unsafe repair making redevelopment justified, found the applicants made multiple offers that a reputable valuer (Savills) supported and thus were reasonable steps to acquire the remaining share, accepted the residual valuation for redevelopment (RDV) and therefore ordered compulsory sale by public auction with reserve price set at HK$207,300,000 and ancillary directions including appointment of trustees and completion timeframe.
8 Oct 2013

EVERSOUND INVESTMENTS LTD v. YEUNG WAI SHAN AND OTHERS

Citation

EVERSOUND INVESTMENTS LTD v. YEUNG WAI SHAN AND OTHERS
Court

Lands Tribunal
Case number

LDCS37000/2012

Applicant satisfied statutory threshold under s3(5) Notice owning 87.8788% (>80%); expert valuation of EUVs accepted as fair and reasonable; independent survey and structural reports establish building is aged and in poor condition making redevelopment justified; applicant took reasonable steps to acquire remaining undivided shares with offers within a fair and reasonable range; accordingly order for compulsory sale by auction granted with reserve price HK$63,800,000 and appointment of nominated sale trustees, and no order as to costs.
27 Sept 2013

EVERSOUND INVESTMENTS LTD v. CHIU HUNG YEU AND OTHERS

Citation

EVERSOUND INVESTMENTS LTD v. CHIU HUNG YEU AND OTHERS
Court

Lands Tribunal
Case number

LDCS38000/2012

Applicant satisfied statutory ownership threshold under the s3(5) Notice; the Tribunal accepted the applicant's expert EUV valuations (scenario assuming permitted domestic G/F use) as fair and reasonable for all units including minority interests; expert building and structural evidence established the building was dilapidated and repair costs disproportionate, justifying redevelopment; Applicant took reasonable steps to acquire outstanding interests by making offers within a fair and reasonable range; accordingly an order for compulsory sale by public auction was warranted, reserve price fix…
5 Sept 2011

BEST INSIGHT LTD v. LO KWONG PUI appointed by order dated 23rd March 2011 to represent the estate of Tin Hing Lin (deceased) AND OTHERS

Citation

BEST INSIGHT LTD v. LO KWONG PUI appointed by order dated 23rd March 2011 to represent the estate of Tin Hing Lin (deceased) AND OTHERS
Court

Lands Tribunal
Case number

LDCS5000/2011

Tribunal accepted expert valuations and reports: it fixed the EUV of each unit per the valuation dated 24 January 2011, found the Building structurally and materially unfit for habitation with repair costs disproportionate to enhancement in value, accepted RDV of HKD 1,038,000,000 as reserve price, concluded that Applicant had taken reasonable steps to acquire outstanding shares (including substituted service/publication), and therefore the statutory requirements of Cap.545 were satisfied and an order for compulsory sale was granted.