Read the full judgment text of LDCS 42000/2011 on BabelCite. This Lands Tribunal judgment was delivered on 20 February 2014 before Deputy Judge KOT, Presiding Officer, Lands Tribunal and Mr. W. K. LO, Member of the Lands Tribunal.
Civil procedure – Lands Tribunal – compulsory sale – costs order – leave to appeal – s.11AA(6) Lands Tribunal Ordinance – whether compensation approach in compulsory acquisition cases applicable to compulsory sale cases – whether second limb of s.11AA(6) requires merits consideration – whether Draft Notice of Appeal raises questions of law under s.11AA(5)(b) – stay of execution pending appeal – Star Play Development Ltd v Bess Fashion Management Co Ltd – Wenden Engineering Service Co Ltd v Lee Shing Yue Construction Co Ltd – Land (Compulsory Sale for Redevelopment) Ordinance – Tribunal grants leave to appeal under the interests-of-justice limb of s.11AA(6)(b), finding the question whether the compensation approach in compulsory acquisition cases applies to compulsory sale cases to be a question of general principle decided for the first time, warranting determination by the Court of Appeal for the benefit of future cases – Applicants' argument that the second limb of s.11AA(6) requires merits consideration rejected, as it would render the second limb superfluous, though in any event grounds found arguable – Draft Notice of Appeal found to disclose points of law, though poorly drafted, and s.11AA(5)(b) construed as a power to impose conditions rather than an additional requirement for grant of leave – Stay of execution granted on the basis that, given the complexity of the case, a lengthy and substantial taxation exercise would be rendered wasted costs if the appeal succeeded, even though applicants found to have assets to repay so appeal not nugatory – Costs of the application to be in the cause of the appeal.
Legal issues: Whether leave to appeal should be granted under s.11AA(6)(b) LTO on the ground of interests of justice · Whether merits of the appeal must be considered under the second limb of s.11AA(6) · Whether the Draft Notice of Appeal discloses points of law under s.11AA(5)(b) · Whether stay of execution of the Costs Order should be granted pending appeal
Outcome: Leave to appeal granted; stay of execution of the Costs Order granted until determination of the appeal.
Cites 2 cases