Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Section 12(c) lro

  • 31 May 2019

    MA YIU MING v. DIRECTOR OF LANDS

    Citation
    [2019] HKLdT 38
    Court
    Lands Tribunal
    Case number
    LDLR9/2016

    The Tribunal refused the extension and leave to appeal because the applicants' delay was substantial and inexcusable, elevating the threshold to a real prospect of success which was not shown; on the merits the Tribunal held section 12(c) LRO precludes taking into account building licence potential (Small House/ding rights) at the resumption date absent an enforceable 'as of right' entitlement, so no reasonable prospect of success existed; however the Tribunal granted substitution of Cheung Cho Gau as executrix in LDLR 8/2016 and LDLR 10/2016 to validate proceedings and ordered costs to the r…

  • 23 Jan 2019

    LEE CHONG YIP v. DIRECTOR OF LANDS

    Citation
    [2019] HKLdT 6
    Court
    Lands Tribunal
    Case number
    LDLR7/2016

    The Tribunal held that the Relevant Covenant in the Block Government Lease operates as a prohibition that falls within s12(c) LRO so that any expectancy of obtaining a building licence or lease modification for NTEH cannot be taken into account; evidence showed no vehicular access to either the Northern or Southern Sites at the resumption date; accordingly the best use was open storage with pedestrian access only and compensation was assessed by reference to open storage comparables with specified adjustments, producing the awards set out in the judgment.