Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Rebuilding

  • 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
    DCCJ7171/1981

    Possession was granted because the plaintiff demonstrated a genuine intention to rebuild and, after increasing its paid-up capital to $10,000,000, was found financially capable of executing the redevelopment; compensation to tenants fixed at four times the rateable value as reasonable in all the circumstances; possession subject to specified payment, building-plan and commencement/completion conditions; stay of execution granted until 28 January 1983; arrears and mesne profits awarded; no order as to costs under Section 68B.

  • 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
    DCCJ7180/1981

    The claim for possession was allowed because the plaintiff established a genuine intention and adequate financial capacity to rebuild after increasing its paid-up capital to HKD10,000,000; given rental inflation and lack of judicial precedents the court fixed compensation at four times the rateable value as reasonable; possession granted subject to specified payment schedule, lodging of plans and building commencement/completion conditions 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
    DCCJ7179/1981

    The court granted possession because, after the plaintiff increased its paid-up capital to HK$10,000,000, the plaintiff demonstrated sufficient intention and financial capacity to rebuild under s53(2)(c); the court exercised its discretion on compensation and, considering outdated rateable values and current rental levels, awarded compensation equal to four times the rateable value as reasonable; possession was ordered subject to payment schedule, lodging of plans and commencement/completion conditions and a stay of execution to 28 January 1983.