Able Wide Corporation Ltd and Others v. The Incorporated Owners of Good Year Industrial Building and Another

Read the full judgment text of LDCS 1000/2020 on BabelCite. This LDCS judgment was delivered on 23 December 2022.

1.  On page 25, paragraph 58: “adopt $2,450,000” to be replaced by “adopt $24,500,000”;

Cites 1 case

Case No.LDCS 1000/2020
Court
LDCS
Date23 Dec 2022
Judge
Case Document
100%Judiciary

LDCS 1000/2020

[2022] HKLdT 69

IN THE LANDS TRIBUNAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

LAND COMPULSORY SALE MAIN APPLICATION NO 1000 OF 2020

_________________

BETWEEN

  ABLE WIDE CORPORATION LIMITED
(廣能有限公司)
1st Applicant
  TOP SMART INDUSTRIAL (HK) LIMITED
(高俊實業(香港)有限公司)
2nd Applicant
  ABLE LUCK DEVELOPMENT LIMITED
(加福發展有限公司)
3rd Applicant
  SKY HUGE DEVELOPMENT LIMITED
(廣天發展有限公司)
4th Applicant
  MANWAY CORPORATION LIMITED
(文威有限公司)
5th Applicant
  HIGH SMART INDUSTRIAL LIMITED
(領駿實業有限公司)
6th Applicant
  JOYSON INTERNATIONAL COMPANY LIMITED
(駿誠國際有限公司)
7th Applicant
  CHANDER DEVELOPMENT COMPANY LIMITED
(創得發展有限公司)
8th Applicant
  NICE EXPRESS DEVELOPMENT LIMITED
(益通發展有限公司)
9th Applicant
  CHINA BEST CORPORATION LIMITED 10th Applicant
  and  
  BRIGHT CITY INTERNATIONAL LIMITED
(澤城國際有限公司)
1st Respondent
(Discontinued)
  THE INCORPORATED OWNERS OF GOOD
YEAR INDUSTRIAL BUILDING
2nd Respondent
  TOPRISE INTERNATIONAL INVESTMENT ENTERPRISE LIMTED
(卓陞國際投資企業有限公司)
3rd Respondent
(Discontinued)
  MAKHARIA ALKA 4th Respondent

_________________

Before: Deputy District Judge Roy Yu, Presiding Officer of the Lands Tribunal and Mr Lawrence Pang, Member of the Lands Tribunal

Dates of Trial: 11 – 15 July 2022 and 18 –19 July 2022

Date of Joint Inspection: 12 July 2022

Date of Closing Submission: 15 September 2022

Date of Judgment: 23 December 2022

Date of Corrigenda: 10 January 2023

_________________

CORRIGENDUM

_________________

1.  On page 25, paragraph 58: “adopt $2,450,000” to be replaced by “adopt $24,500,000”;

2.  On page 29, paragraph 74: “market value of the Lot at $1,128,000,000(i.e. an accommodation value of $80,120 per sq m)” to be replaced by “market value of the Lot at $1,108,000,000(i.e. an accommodation value of $78,700 per sq m)”;

3.  On Page 52, (d)(ii): “reserve price be set at $1,128,000,000” to be replaced by “reserve price be set at $1,108,000,000”

4.  On page one, name of the 6th Applicant should be “HIGH SMART INDUSTRIAL LIMITED領駿實業有限公司”, and

5.  Revised appendix on page 54 as follow:

Appendix

Residual Valuation
 
 
Gross Development Value
4/F-18/F & 21/F-38/F Workshops         9,789.993      m2 x $245,000    / m2 = $2,398,548,285
5/F Flat Roof 53.910     m2 x $36,000    / m2 = $1,940,760
Private Car Parking Space 13    Nos x $2,160,000    each = $28,080,000
 
 
 
Private Car Parking Space (Double Deck) 11    Nos x $1,510,000    each = $16,610,000
Light Goods Vehicle Parking Space 7    Nos x $3,260,000    each = $22,820,000
Heavy Goods Vehicle Parking Space 4    Nos x $4,100,000    each = $16,400,000
Motorcycle Parking Space 3    Nos x $140,000    each = $420,000

$2,484,819,045
Less Marketing Costs @ 3% 0.97

$2,410,274,474
Present Value in 3    years @ 4.5% 0.8763

$2,112,123,522
Development Costs
Demolition Cost         10,182.57    m2 = $24,500,000
Professional Fee @ 6% 1.06
Developer's Profit @ 20% 1.20

$31,164,000
Present Value in 0.375    year @ 4.5% 0.9836

$30,652,910
Construction Costs $468,687,778
Professional Fee @ 6% 1.06
Developer's Profit @ 20% 1.20

$596,170,854
Present Value in 1.875    years @ 4.5% 0.9208

$548,954,122

$1,532,516,490
Stamp Duty @ 4.25%
Legal Cost @ 0.2%
Developer's Profit @ 20% ÷ 1.2445

Full Market Value $1,231,431,491
Premium payable for User Relaxation 10% $123,143,149

$1,108,288,342
say $1,108,000,000
Accommodation Value $78,699 / m2

Dated: 10 January 2023

  (YEUNG Fung-yan)
Clerk to Member Lawrence PANG, Lands Tribunal