Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Justification for redevelopment

Legal area

Court

23 Oct 2020

LUCKTIME LTD v. SHIU MEN HING and SIU CLARE, the Administratrices of the Estate of LEE SIK HEUNG, Deceased AND OTHERS

Citation

[2020] HKLdT 46
Court

Lands Tribunal
Case number

LDCS1000/2018

Tribunal accepted applicant's expert evidence that the buildings are obsolete and in poor repair so redevelopment is justified, accepted the EUV assessment of $717,242,000 for all units as at 27 November 2017, found the applicant had taken reasonable steps to acquire minority shares, adjusted the residual valuation interest rate to 4% and assessed the RDV of the merged Lots at $1,363,000,000, ordered sale by public auction as a composite site, and directed that sale proceeds be apportioned according to the tribunal-determined EUV of individual units.
30 Jan 2019

TOTAL SELECT LTD v. WONG WAI MAU ENTERPRISE LTD AND OTHERS

Citation

[2019] HKLdT 7
Court

Lands Tribunal
Case number

LDCS13000/2017

The Tribunal held that (1) EUV must be assessed on an as‑is market basis in accordance with Part I of Schedule 1 of the Ordinance and rejected the respondents' reinstatement assumptions as factually unsupported; (2) evidence of age, structural defects and unresolved building orders justified redevelopment; (3) the applicant took reasonable steps to acquire the minority shares; and (4) an order for sale was granted with the reserve price fixed at the RDV determined by the Tribunal ($2,075,600,000) and trustees appointed to conduct the sale.