Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Annexation of building rights

  • 26 Jan 2006

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

    Citation
    YAU WAI KEUNG AND OTHERS v. YAU KAR SIU AND OTHERS
    Court
    Court of First Instance
    Case number
    HCMP1363/2003

    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 decisio…

  • 26 Jan 2006

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

    Citation
    YAU WAI KEUNG AND OTHERS v. YAU KAR SIU AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA7129/1997

    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 assessme…