Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Joint redevelopment

  • 24 Mar 2009

    JOY TAKE DEVELOPMENT LTD AND OTHERS v. DIRECTOR OF LANDS

    Citation
    JOY TAKE DEVELOPMENT LTD AND OTHERS v. DIRECTOR OF LANDS
    Court
    Court of Appeal
    Case number
    CACV254/2008

    The Tribunal's factual finding that, on the balance of probabilities, the two groups of owners would have cooperated to redevelop the whole site justified assessing compensation on the market redevelopment value of the combined site; s12(c) did not bar such an assessment because the owners already had the legal right to develop and cooperation between owners was not an excluded expectancy of governmental permission; the Court of Appeal will not overturn the Tribunal's factual conclusions absent very clear error.

  • 14 Jul 2008

    JOY TAKE DEVELOPMENT LTD AND OTHERS v. DIRECTOR OF LANDS

    Citation
    JOY TAKE DEVELOPMENT LTD AND OTHERS v. DIRECTOR OF LANDS
    Court
    Lands Tribunal
    Case number
    LDLR8/2006

    On the balance of probabilities the Tribunal found that absent the resumption the two owner groups would have cooperated to redevelop the entire site jointly; therefore compensation must be assessed on the market redevelopment value of the whole site. The Tribunal evaluated competing expert residual valuations, adopted a mix of their assumptions (adopted Mr Lai's site area and many GFA figures, adopted adjusted unit rates of approximately $47,700/m2 for shops and $39,100/m2 for flats, accepted marketing deduction of 1%, deferment rate 7%, adopted Mr Mo's construction cost methodology with adj…