30 Sept 2022
MAX WIN DEVELOPMENT (HK) LTD v. GAIN EXCEL LTD AND ANOTHER
- Citation
- [2022] HKLdT 51
- Court
- Lands Tribunal
- Case number
- LDCS37000/2019
The Tribunal applied a lot-based construction of s3(1) and s3(2). Because several lots fell outside the statutory thresholds (some being 100% owned and others below the required percentage), the multi-lot application did not satisfy s3(2)(a) or s3(2)(b) and was invalid. After acquisition of the remaining unit(s) the affected lots ceased to be within the Ordinance's scope; accordingly the application for sale of all undivided shares of the six lots was dismissed.