Hong Kong Case Law: Decisions & Judgments

Topic

Possession for redevelopment

Legal area

Court

27 Jun 1991

TOURANI LACHHIRAM PARASRAM AND OTHERS v. KUSCENE DEVELOPMENT LTD.

Citation

TOURANI LACHHIRAM PARASRAM AND OTHERS v. KUSCENE DEVELOPMENT LTD.
Court

Court of Appeal
Case number

CACV57/1991

The Court held the Tribunal did not err: refusal to order further discovery was a proper exercise of discretion because the additional accounts sought were only of very marginal relevance and not necessary for a fair determination; on the evidence (disclosed balance sheets, loan deed and intercompany undertakings) Kuscene had a genuine intention and a reasonable prospect of obtaining finance to carry out the redevelopment; appeal dismissed.
25 Apr 1985

NEW EASTERN INVESTMENT CO. LTD. v. CHI HING (a firm)

Citation

NEW EASTERN INVESTMENT CO. LTD. v. CHI HING (a firm)
Court

Lands Tribunal
Case number

LDLA853/1984

The court held that the respondent's counsel's refusal to consent to an order in the separate old-tenancy proceeding did not amount to repudiation of the new tenancy agreement; the purported condition precedent was not proved; the agreement took effect in equity as a lease after continued possession; therefore the applicant's application was dismissed.
23 Jul 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDNT16/1983

The statutory rateable value formula governs only the minimum guaranteed compensation; the proper measure of reasonable compensation for termination of a protected tenancy is the tenant's actual loss from losing expected future use of the tenancy (valued by capitalising the profit rent for the relevant period) plus disturbance costs; past occupation or sentimental value is not a monetary measure; sub-tenants receive an apportioned share of the tenant's interest but the aggregate cannot exceed that interest.
29 Jul 1982

KINGEARN CO LTD v. LEE WOO-BUN AND OTHERS

Citation

KINGEARN CO LTD v. LEE WOO-BUN AND OTHERS
Court

District Court
Case number

DCCJ7174/1981

Plaintiff was granted possession because, after increasing its paid-up capital to HKD 10,000,000, the court was satisfied the plaintiff had a bona fide intention and sufficient financial capacity to rebuild; statutory compensation to tenants was set at four times the rateable value as reasonable in the circumstances; possession was ordered subject to specified conditions including staged payment of compensation, lodging plans and a stay until 28 January 1983.
29 Jul 1982

KINGEARN CO LTD v. LEE WOO-BUN AND OTHERS

Citation

KINGEARN CO LTD v. LEE WOO-BUN AND OTHERS
Court

District Court
Case number

DCCJ7170/1981

Possession was granted because, after the plaintiff increased its paid-up capital to HKD 10,000,000 and allotted shares, the court was satisfied the plaintiff had a genuine intention and the financial capacity to rebuild; statutory compensation was fixed at four times the rateable value as reasonable given inflation and local agreed practice.
29 Jul 1982

KINGEARN CO LTD v. LEE WOO-BUN AND OTHERS

Citation

KINGEARN CO LTD v. LEE WOO-BUN AND OTHERS
Court

District Court
Case number

DCCJ7177/1981

Possession was granted because the court was satisfied, after the plaintiff increased its paid-up capital to $10,000,000, that the plaintiff intended and was financially capable of rebuilding; compensation to tenants was fixed at four times the rateable value as reasonable in all the circumstances.

Hong Kong Case Law

TOURANI LACHHIRAM PARASRAM AND OTHERS v. KUSCENE DEVELOPMENT LTD.

NEW EASTERN INVESTMENT CO. LTD. v. CHI HING (a firm)

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

KINGEARN CO LTD v. LEE WOO-BUN AND OTHERS

KINGEARN CO LTD v. LEE WOO-BUN AND OTHERS

KINGEARN CO LTD v. LEE WOO-BUN AND OTHERS