Hong Kong Case Law: Decisions & Judgments

Topic

Tenant compensation

Legal area

Court

18 Apr 2012

SIT KI MAN AND OTHERS v. KEYLAND LTD

Citation

SIT KI MAN AND OTHERS v. KEYLAND LTD
Court

Lands Tribunal
Case number

LDCS13001/2006

The Tribunal found the respondent had validly affixed and served the statutory notice in December 2006 and the applicants had notice; notwithstanding the applicants' delay in filing Form 34, leave to file out of time was granted because the respondent did not establish real prejudice and overall justice required allowing the applicants to proceed to vindicate their entitlement to compensation.
25 Nov 2004

NGO CAM AND OTHERS v. NG TAK SHING KENNY AND OTHERS

Citation

NGO CAM AND OTHERS v. NG TAK SHING KENNY AND OTHERS
Court

Lands Tribunal
Case number

LDCS1000/2003

Given unchallenged expert evidence of serious structural and slope defects, high remedial costs that do not fully enhance value, and clear majority support after reasonable steps to acquire shares, the Tribunal ordered compulsory sale for redevelopment, appointed trustees, fixed the auction reserved price at the expert redevelopment valuation and specified a five-year redevelopment period.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA15/1983

The Tribunal held that the statutory multiple of rateable value establishes only a minimum; reasonable compensation must reflect the tenant's actual loss measured by the value of the tenant's expected future use at restricted rent plus reasonable disturbance costs; past occupation or sentimental value is not compensable; sub-tenants receive an apportioned share of that loss. The Tribunal quantified tenants' interests by estimating profit rent and capitalising at 13% for defined periods and added disturbance allowances to reach the awards ordered.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA19/1983

The Tribunal held that the statutory rateable‑value formula in Section 53A(4)(a) prescribes only a minimum compensation; reasonable compensation must be assessed as the tenant's actual loss measured by the value of the tenant's expected future use (the tenant's particular interest in the property) plus an allowance for disturbance, and past occupation or sentimental attachment is not a proper component of monetary compensation.
22 Jun 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDHA20/1983

Repossession granted because the premises were within Part II, the applicant demonstrated a genuine intention to redevelop, had approved plans and sufficient funding and the redevelopment was in the public interest under s53A(1); repossession is conditional on specified safeguards including approved plans, commencement and completion timelines, minimum building expenditure, restriction on disposal until occupation permit, and payment of compensation to tenants.
22 Jun 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDHA15/1983

The Tribunal found the premises to be post-war and subject to Part II, accepted the redevelopment scheme as conducive to the public interest and the applicant's genuine intention and sufficient financing, and therefore granted the repossession order under s53(2)(c) subject to specific conditions protecting public interest and tenants (plans lodged, commencement and completion timelines, minimum building expenditure, restrictions on assignment/solicitation until Occupation Permit, and compensation arrangements).
22 Jun 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDHA14/1983

The Tribunal found the premises are post‑war buildings within Part II, approved redevelopment plans are conducive to public interest, and the applicant demonstrated genuine intention and sufficient funding (shareholder advances and bank loan); therefore repossession under s.53(2)(c) is justified and an order for possession is granted subject to conditions safeguarding completion, minimum building expenditure, restrictions on disposal until an Occupation Permit is issued, and provision for tenant compensation.
22 Jun 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDHA8/1983

The Tribunal found the premises fell within Part II, the applicant demonstrated a genuine intention to redevelop, had Building Authority approval and sufficient funds (including shareholder advances and bank loan) and the scheme was conducive to public interest; accordingly repossession was ordered subject to specified conditions including lodging plans, commencement and completion deadlines, minimum building expenditure, restrictions on disposition until completion and payment of compensation to tenants.
22 Jun 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDHA21/1983

The Tribunal found the premises are post‑war and within Part II, the redevelopment scheme was approved by the Building Authority and found conducive to the public interest, and the applicant demonstrated sufficient financial means; accordingly repossession was granted subject to specified conditions (plans lodged, commencement and completion deadlines, minimum building costs, restrictions on disposal until Occupation Permit, and payment of compensation).
22 Jun 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDHA7/1983

The Tribunal found the premises fall within Part II, was satisfied the applicant had genuine intention and sufficient financial means to redevelop, the redevelopment scheme was conducive to the public interest and the Building Authority had approved plans; accordingly repossession was granted subject to specified protective conditions including timelines, minimum building expenditure, restrictions on assignment and solicitation of money until completion and payment/determination of compensation to tenants.