11 Jul 2019
The Court dismissed the leave applications: the Tribunal applied the correct Siu test and the correct standard (balance of probabilities), its factual assessments based on site inspection and available evidence were lawful, the fresh land search records did not create a reasonable prospect of success on appeal, and there was no other interest of justice to permit appeal.
11 Jul 2019
The Court dismissed the applications for leave to appeal because the Tribunal applied the correct Siu test and the correct civil standard of proof (balance of probabilities), properly assessed the evidence of redevelopment in the vicinity and the temporal proximity of that evidence, correctly treated alleged need for developer interest as part of the time/relevancy assessment, and there was no plainly obvious error of law or material omission; fresh land search records were admitted but would not satisfy the Siu test for the Resumption Date in 2011.
4 Aug 2017
The Tribunal held applicants were entitled to apply under the lowered 80% threshold; on expert evidence the Building was over 50 years and in poor structural and general repair such that redevelopment was justified; applicants had taken reasonable steps to acquire remaining shares by multiple offers above EUV/RDV; Tribunal accepted the applicants' residual valuation methodology with adjustments and fixed the land/RDV and auction reserve price at HKD 1,620,000,000, ordered sale by public auction, appointed trustees and made a costs order nisi in favour of certain respondents.
19 Sept 2003
Tribunal held Item 2(a) compensates diminution in open market value of the claimant's interest in the whole unpartitioned lot (not limited to the physical strip under the easement); valuation is at the date of creation but must reflect market perception of the anticipated exercise of the easement (i.e. the contemplated bridge); where scheme-linked zoning prejudices value the zoning tied to the scheme is to be ignored and the most probable alternative zoning adopted; injurious affection to remainder is recoverable where part interest is taken; on the facts the highest permissible diminution wa…