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

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

On the balance of probabilities Pink 1 is not within the V‑zone; the 0.04 acre house lot/building right is most probably located in the yellow and/or green areas and is annexed to the plaintiffs' allotment; adopting the court's chosen valuation methods and comparables (including adjustments and a 20% discount for the 10‑metre policy) produced respective parcel values leading to an equalization payment of HKD 1,376,641 payable by the plaintiffs to the 3rd defendant; costs of the assessment awarded to the 3rd defendant and no interest awarded for the period between the judgment and this decision.

Citation
YAU WAI KEUNG AND OTHERS v. YAU KAR SIU AND OTHERS
Parties
1st Plaintiffs: YAU WAI KEUNG and YAU MEI FUN, the personal representatives of the estate of YAU KWAI and YAU FUI, YAU CHE WAI, YAU CHI WING and YAU CHI ON the successors of the estate of YAU SANG alias YAU SIN KWAN, Deceased; 2nd Plaintiffs: YAU TIN SUNG and YAU TIN SANG COLIN the successors of the estate of YAU MA YING alias YAU SIN ON, Deceased; 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
HCMP1363/2003
Procedural Posture
Partition Application Under Partition Ordinance Cap.352 (land Partition and Valuation) / Post Judgment Assessment of Equalization Money and Implementation of Partition Order
Outcome
Partition order implemented; building right (0.04 acre house lot) annexed to plaintiffs' yellow/green portion; equalization payment ordered in favour of 3rd defendant; costs and interest determined
Legal Topics
Partition Order, Equalization Payment, Zoning Classification, Annexation of Building Rights, Valuation Date and Methodology, Costs and Interest
Source Language
EN
Property Land Law Valuation Civil Procedure Partition Order Equalization Payment Zoning Classification Annexation of Building Rights +2 more

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Parties

YAU WAI KEUNG and YAU MEI FUN, the personal representatives of the estate of YAU KWAI and YAU FUI, YAU CHE WAI, YAU CHI WING and YAU CHI ON the successors of the estate of YAU SANG alias YAU SIN KWAN, Deceased

1st Plaintiffs

YAU TIN SUNG and YAU TIN SANG COLIN the successors of the estate of YAU MA YING alias YAU SIN ON, Deceased

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 Application Under Partition Ordinance Cap.352 (land Partition and Valuation) / Post Judgment Assessment of Equalization Money and Implementation of Partition Order

Legal Issues

  1. 1 Whether the disputed Pink 1 area is zoned Village Type Development (V) or Agricultural (A)
  2. 2 Where the 0.04 acre house lot/building right should be annexed
  3. 3 Appropriate valuation basis and comparables for building land and zoned land

Ratio Decidendi

On the balance of probabilities Pink 1 is not within the V‑zone; the 0.04 acre house lot/building right is most probably located in the yellow and/or green areas and is annexed to the plaintiffs' allotment; adopting the court's chosen valuation methods and comparables (including adjustments and a 20% discount for the 10‑metre policy) produced respective parcel values leading to an equalization payment of HKD 1,376,641 payable by the plaintiffs to the 3rd defendant; costs of the assessment awarded to the 3rd defendant and no interest awarded for the period between the judgment and this decision.

Court Disposition

Partition order implemented; building right (0.04 acre house lot) annexed to plaintiffs' yellow/green portion; equalization payment ordered in favour of 3rd defendant; costs and interest determined

Orders

  • Payment of HKD 1,376,641 by way of equalization from the plaintiffs to the 3rd defendant
  • The plaintiffs are to be regarded as 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 any order or document to be drawn up shall reflect that