28 May 2010
FINEWAY PROPERTIES LTD v. SIN HO YUEN VICTOR, THE ADMINISTRATOR OF THE ESTATE OF SIN YAT
- Citation
- FINEWAY PROPERTIES LTD v. SIN HO YUEN VICTOR, THE ADMINISTRATOR OF THE ESTATE OF SIN YAT
- Court
- Court of Appeal
- Case number
- CACV95/2009
The Lands Tribunal erred in law in re-opening the previously agreed RDV on the basis of market downturn alone, but because the respondent did not obtain a stay of execution before the auction and the sale completed at the reopened reserve, the Court of Appeal had no practicable jurisdiction under the Ordinance to redress the financial shortfall; exclusion of comparable C4b was within the tribunal's discretionary findings and did not warrant interference.