Hong Kong Case Law: Decisions & Judgments

Topic

Majority ownership threshold

Legal area

Court

17 Nov 2023

FAR UNION INVESTMENT LTD AND OTHERS v. EVER LEGEND (H.K.) LTD AND OTHERS

Citation

[2023] HKLdT 66
Court

Lands Tribunal
Case number

LDCS21000/2020

Applicants had the requisite recorded undivided shares (80% under the 2010 Notice), served the required valuation report, and produced credible expert evidence that the Building (Champagne Court Block B) is old and in poor state of repair such that redevelopment is justified; the tribunal must not decide feasibility of redevelopment (left to market) and therefore granted order for sale, fixed reserve price by residual valuation at $1,728,000,000, appointed trustees, and directed sale by public auction.
28 May 2021

FAIRBO INVESTMENT LTD v. ALLAN GAN-HONG LEW, the Executor of the Estate of YUET KING LEW, Deceased AND OTHERS

Citation

[2021] HKLdT 39
Court

Lands Tribunal
Case number

LDCS19000/2019

The Tribunal found the applicant met the statutory ownership threshold (80% as specified by the Notice), the buildings are obsolete and in serious disrepair such that redevelopment is justified, the applicant took reasonable steps to acquire outstanding interests, the assessed existing use values for minority units are fair and reasonable compared to the applicant's assessments, and therefore a compulsory sale order by public auction should be granted with a reserve price equal to the RDV assessed at HKD 524,000,000.
30 Apr 2021

WAH HA PROPERTY DEVELOPMENT LTD AND OTHERS v. ROSEHAWK GROUP LTD AND OTHERS

Citation

[2021] HKLdT 27
Court

Lands Tribunal
Case number

LDCS25000/2018

The application was dismissed because applicants failed to satisfy the statutory ownership threshold for Lot 299 under s3(2)(a) (they did not own over the requisite 80% of undivided shares in that lot) and, in any event, the Tribunal was not satisfied that redevelopment was justified on grounds of age or state of repair under s4(2)(a); ancillary findings: valuation report complied with timing requirements, offers constituted reasonable steps, EUVs adopted excluding UBWs.

Hong Kong Case Law

FAR UNION INVESTMENT LTD AND OTHERS v. EVER LEGEND (H.K.) LTD AND OTHERS

FAIRBO INVESTMENT LTD v. ALLAN GAN-HONG LEW, the Executor of the Estate of YUET KING LEW, Deceased AND OTHERS

WAH HA PROPERTY DEVELOPMENT LTD AND OTHERS v. ROSEHAWK GROUP LTD AND OTHERS