Hong Kong Case Law: Decisions & Judgments

Topic

Ownership threshold under s.3

Legal area

Court

14 Oct 2016

WAY CREATION LTD AND OTHERS v. LAI HING ENTERPRISES LTD AND OTHERS

Citation

WAY CREATION LTD AND OTHERS v. LAI HING ENTERPRISES LTD AND OTHERS
Court

Lands Tribunal
Case number

LDCS17000/2014

The tribunal was satisfied on evidential material (independent structural and building reports) that the Building's age and poor state of repair justified redevelopment, that the applicants had taken reasonable steps to acquire all undivided shares by making offers based on independent valuation, and accordingly made an order for compulsory sale by public auction with a reserve price of HKD 267,000,000, appointed trustees and granted costs on terms stated.
30 Apr 2013

BEST EPOCH HOLDINGS LTD v. KAM CHAN & CO, LTD

Citation

BEST EPOCH HOLDINGS LTD v. KAM CHAN & CO, LTD<br>
Court

Lands Tribunal
Case number

LDCS21000/2011

Applicant satisfied statutory ownership threshold by operation of the s.3(5) Notice (80% threshold); expert evidence established the Building is in poor structural and fire-safety condition and repair costs are substantial, so redevelopment is justified under s.4(2); Applicant took reasonable steps to acquire Respondent’s shares by offers and mediation; EUV for apportionment accepted on the garage-basement scenario ($79,070,000 total; Respondent $9,780,000); RDV accepted for reserve price and fixed at $162,000,000; order for sale by public auction granted with trustees appointed and no order…
23 Jan 2013

EVERSOUND INVESTMENTS LTD v. TUNG CHUN HUNG AND OTHERS

Citation

EVERSOUND INVESTMENTS LTD v. TUNG CHUN HUNG AND OTHERS<br>
Court

Lands Tribunal
Case number

LDCS5000/2012

Applicant satisfied statutory ownership threshold as modified by s.3(5) notice (>=80%); credible expert evidence established the Building is dilapidated, structurally degraded and functionally obsolete such that redevelopment is justified under s.4(2)(a); Applicant took reasonable steps to acquire remaining share by written offers based on professional valuations and mediation attempt under s.4(2)(b); apportionment by EUV as reported is fair; RDV-based reserve price of HKD 75,700,000 is appropriate; order for sale and ancillary orders (trustees, completion period) were therefore warranted.
16 Jan 2013

CHAMPION SUCCESS LTD AND ANOTHER v. LEUNG LAI LAI THE ADMINISTRATRIX OF THE ESTATE OF LAI YIN KING DECEASED AND OTHERS

Citation

CHAMPION SUCCESS LTD AND ANOTHER v. LEUNG LAI LAI THE ADMINISTRATRIX OF THE ESTATE OF LAI YIN KING DECEASED AND OTHERS
Court

Lands Tribunal
Case number

LDCS41000/2011

The Tribunal held applicants satisfied the statutory ownership threshold (80% applicable), proved redevelopment of the buildings was justified by both their age and poor state of repair on expert evidence, and had taken reasonable steps to acquire the minority shares by making fair market‑based offers; accordingly an order for sale by public auction was granted with proceeds apportioned on EUV and the reserve price set at the RDV of HKD 81,000,000.

Hong Kong Case Law

WAY CREATION LTD AND OTHERS v. LAI HING ENTERPRISES LTD AND OTHERS

BEST EPOCH HOLDINGS LTD v. KAM CHAN & CO, LTD

EVERSOUND INVESTMENTS LTD v. TUNG CHUN HUNG AND OTHERS

CHAMPION SUCCESS LTD AND ANOTHER v. LEUNG LAI LAI THE ADMINISTRATRIX OF THE ESTATE OF LAI YIN KING DECEASED AND OTHERS