Hong Kong Case Law: Decisions & Judgments

Topic

Merged site argument

Legal area

Court

2 Mar 2017

FIRST KIND LTD v. YUET LOONG INVESTMENT COMPANY LTD AND ANOTHER

Citation

FIRST KIND LTD v. YUET LOONG INVESTMENT COMPANY LTD AND ANOTHER
Court

Lands Tribunal
Case number

LDCS14000/2014

Leave to appeal was refused because the applicants failed to show a reasonable prospect of success or other interest of justice under s.11AA(6); the Tribunal correctly applied the compensation approach to these preliminary issues and its exercise of discretion was not plainly wrong or legally erroneous; accordingly costs were ordered against the applicants on High Court scale and specific assessed amounts awarded.
2 Mar 2017

FIRST KIND LTD v. UNION ESSENCE INVESTMENTS LTD AND OTHERS

Citation

FIRST KIND LTD v. UNION ESSENCE INVESTMENTS LTD AND OTHERS
Court

Lands Tribunal
Case number

LDCS20000/2014

Leave to appeal on costs was refused because the applicants failed to demonstrate a reasonable prospect of success or other sufficient reason in the interests of justice; the Tribunal correctly applied the compensation approach to the preliminary issues and the applicants' complaints amounted to disagreement with the exercise of discretion rather than an error of law or plainly wrong decision.
2 Mar 2017

FIRST KIND LTD v. ALL BRIGHT HONG KONG INVESTMENT LTD AND OTHERS

Citation

FIRST KIND LTD v. ALL BRIGHT HONG KONG INVESTMENT LTD AND OTHERS
Court

Lands Tribunal
Case number

LDCS21000/2014

Leave to appeal was refused because the applicants failed to show a reasonable prospect of success or other reason in the interests of justice; the Tribunal correctly applied the compensation approach and did not exercise its discretion in a manner that was plainly wrong.
2 Mar 2017

FIRST KIND LTD AND ANOTHER v. LIU KENG CHOR, THE ADMINISTRATOR OF THE ESTATE OF LI FUNG MAN DECEASED AND ANOTHER

Citation

FIRST KIND LTD AND ANOTHER v. LIU KENG CHOR, THE ADMINISTRATOR OF THE ESTATE OF LI FUNG MAN DECEASED AND ANOTHER
Court

Lands Tribunal
Case number

LDCS12000/2014

Leave to appeal was refused because applicants failed to show a reasonable prospect of success or other reason in the interests of justice under s.11AA(6); the Tribunal correctly applied the compensation approach to the preliminary merged-site issues, its exercise of discretion was not plainly wrong, and authorities relied on by applicants (including Penny's Bay) were inapplicable or distinguishable.

Hong Kong Case Law

FIRST KIND LTD v. YUET LOONG INVESTMENT COMPANY LTD AND ANOTHER

FIRST KIND LTD v. UNION ESSENCE INVESTMENTS LTD AND OTHERS

FIRST KIND LTD v. ALL BRIGHT HONG KONG INVESTMENT LTD AND OTHERS

FIRST KIND LTD AND ANOTHER v. LIU KENG CHOR, THE ADMINISTRATOR OF THE ESTATE OF LI FUNG MAN DECEASED AND ANOTHER