YAU WAI KEUNG AND OTHERS v. YAU KAR SIU AND OTHERS

YAU WAI KEUNG AND OTHERS v. YAU KAR SIU AND OTHERS

On the evidence the court found Pink 1 was not within the V‑zone, the 0.04 acre house lot/building right was located in the yellow/green portions and therefore was annexed to the plaintiffs' allotment; the court adopted a mixed valuation approach using the plaintiffs' higher sale comparables adjusted by published compensation rates for time and using certain elements (building costs, developer's assumptions) from the defendants' expert, producing specific per‑square‑foot rates and resulting in an equalization payment of HKD 1,376,641 from the plaintiffs to the 3rd defendant; costs of assessment and the hearing were awarded to the 3rd defendant and no interest was ordered.

Citation
YAU WAI KEUNG AND OTHERS v. YAU KAR SIU AND OTHERS
Parties
1st Plaintiffs: YAU WAI KEUNG; YAU MEI FUN (Personal Representatives of the estate of YAU KWAI); 2nd Plaintiffs: YAU TIN SUNG; YAU TIN SANG COLIN (Successors of the estate of YAU MA YING); 1st Defendant: YAU KAR SIU alias YAU LAM SUNG; 2nd Defendant: YAU LOI alias HIEW FOOK LOI; 3rd Defendant: VICTORY VILLA MANAGEMENT LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 January 2006
Case Number
HCA7129/1997
Procedural Posture
Partition/land Dispute (consolidated Action and Miscellaneous Proceedings) / Post‑judgment Assessment of Equalization Money and Implementation of Partition Order
Outcome
Partition order implemented as previously ordered; building rights annexed to plaintiffs' allotment; equalization payment ordered; costs awarded to 3rd defendant; no interest awarded for period between judgment and assessment decision.
Legal Topics
Partition, Annexation of Building Rights, Zoning, Valuation Methodology, Equalization Money, Costs and Interest
Source Language
EN
Property Law Land Law Civil Procedure Valuation Law Partition Annexation of Building Rights Zoning Valuation Methodology +2 more

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Parties

YAU WAI KEUNG; YAU MEI FUN (Personal Representatives of the estate of YAU KWAI)

1st Plaintiffs

YAU TIN SUNG; YAU TIN SANG COLIN (Successors of the estate of YAU MA YING)

2nd Plaintiffs

YAU KAR SIU alias YAU LAM SUNG

1st Defendant

YAU LOI alias HIEW FOOK LOI

2nd Defendant

VICTORY VILLA MANAGEMENT LIMITED

3rd Defendant

Procedural Posture

Partition/land Dispute (consolidated Action and Miscellaneous Proceedings) / Post‑judgment Assessment of Equalization Money and Implementation of Partition Order

Legal Issues

  1. 1 Whether Pink 1 is zoned Village Type Development (V) or Agricultural (A)
  2. 2 Location and annexation of the 0.04 acre house lot/building rights
  3. 3 Appropriate valuation methodology and relevant valuation date

Ratio Decidendi

On the evidence the court found Pink 1 was not within the V‑zone, the 0.04 acre house lot/building right was located in the yellow/green portions and therefore was annexed to the plaintiffs' allotment; the court adopted a mixed valuation approach using the plaintiffs' higher sale comparables adjusted by published compensation rates for time and using certain elements (building costs, developer's assumptions) from the defendants' expert, producing specific per‑square‑foot rates and resulting in an equalization payment of HKD 1,376,641 from the plaintiffs to the 3rd defendant; costs of assessment and the hearing were awarded to the 3rd defendant and no interest was ordered.

Court Disposition

Partition order implemented as previously ordered; building rights annexed to plaintiffs' allotment; equalization payment ordered; costs awarded to 3rd defendant; no interest awarded for period between judgment and assessment decision.

Orders

  • Partition order confirmed and to be implemented consistent with judgment dated 23 July 2004 and this decision
  • The plaintiffs are owner of all rights and interests in and deriving from the house lot of 0.04 acre annexed to the yellow and/or green portions and the order to be drafted to reflect that