Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Financial capacity of redeveloper

Legal area

Court

22 Jun 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDHA6/1983

The Tribunal found the buildings are post‑war and within Part II, the redevelopment scheme (with Building Authority approved plans) is in the public interest, and the applicant has genuine intention and sufficient financial means; accordingly repossession was ordered under s.53(2)(c) subject to specified conditions (plans lodged, commencement and completion timelines, minimum building cost, restrictions on assignment/solicitation until Occupation Permit issued, and compensation arrangements for tenants).
22 Jun 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDHA18/1983

The Tribunal found Part II applicable, accepted the applicant's evidence of bona fide redevelopment intention, Building Authority approval, and sufficient funding (including shareholder advances and bank loan), and held the redevelopment scheme is conducive to the public interest; accordingly repossession under s.53(2)(c) was granted subject to specified conditions restricting assignment/pre‑sale until completion and occupation permit and requiring specified timelines, minimum building cost and payment of compensation to tenants.