Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Admissibility of post‑projection evidence (bwllfa principle)
  • 5 Nov 1983

    FOOK HONG ENTERPRISES CO LTD v. COMMISSIONER OF RATING AND VALUATION

    Citation
    FOOK HONG ENTERPRISES CO LTD v. COMMISSIONER OF RATING AND VALUATION
    Court
    Lands Tribunal
    Case number
    LDRA45/1983

    The Tribunal held the relevant date for valuation is the date the Valuation List comes into effect (1 April 1977); evidence of actual rentals during and after the projection period is admissible under the Bwllfa principle; a projection reasonably made at the time is nonetheless reviewable on appeal and must be corrected where the projection is materially erroneous; on the facts the Commissioner erred in refusing to have regard to post‑projection rental evidence and his projection was excessive, so the rateable values were adjusted accordingly.

    • Relevant date for rateable value
    • Projection of valuations to valuation date
    • Admissibility of post‑projection evidence (bwllfa principle)
    • Tone of the list
    • Classification under landlord and tenant (consolidation) ordinance