Hong Kong Case Law: Decisions & Judgments

Topic

Assessment date

Legal area

Court

19 Jan 2016

LEE KAM CHUEN v. ING. MIROSLAV KOZUCH

Citation

LEE KAM CHUEN v. ING. MIROSLAV KOZUCH
Court

Court of First Instance
Case number

HCA2212/2012

Adopt completion date (20 November 2012) for assessment of damages; calculate loss of bargain as market value at that date minus contract price and minus deposit already recovered; award specified damages to plaintiffs and allow interest at commercial rate from date of writ and judgment rate thereafter; order defendants to pay costs of assessment (nisi).
13 Dec 1985

LEE EDITH (EDITH LO) v. COMMISSIONER OF RATING VALUATION

Citation

LEE EDITH (EDITH LO) v. COMMISSIONER OF RATING VALUATION
Court

Lands Tribunal
Case number

LDRA69/1984

The tribunal held that rateable value must be assessed by reference to a hypothetical reasonable landlord and tenant; readily remediable defects are to be assumed repaired but a reasonable landlord would only undertake minimal repairs where full repairs are uneconomic relative to expected rental return; comparables must be properly analysed and cannot support large arbitrary deductions without supporting evidence; having applied those principles to the evidence, the tribunal found the correct letting rent at the relevant date was $1,400 per month exclusive of rates and reduced the rateable va…
6 Sept 1985

LAT KIT LAU MUTUAL AID COMMITTEE v. COMMISSIONER OF RATING & VALUATION

Citation

LAT KIT LAU MUTUAL AID COMMITTEE v. COMMISSIONER OF RATING & VALUATION
Court

Lands Tribunal
Case number

LDRA9/1984

On remittal the Tribunal held that Crown head lease terms must be ignored; realistic alternative uses must be within the same mode and character and supported by evidence of demand; where demand is effectively restricted to the actual tenants, the actual rents are the best evidence of market value; applied to facts, these principles required reducing the rateable values to $4,560 and $5,400 respectively.
25 Nov 1983

LEE CHUN v. DIRECTOR OF LANDS

Citation

LEE CHUN v. DIRECTOR OF LANDS
Court

Lands Tribunal
Case number

LDLR9/1983

Where credible actual figures of loss exist they must be preferred to departmental average rates; leasehold interest is valued by capitalising net annual income as at resumption date; disturbance losses are compensable when incurred and may be assessed for subsequent years; capital expenditure in excavated ponds is not separately recoverable from lessee when the leasehold valuation already compensates expected future income; Crown Land occupation not described in Gazette is outside Tribunal's compensation jurisdiction.

Hong Kong Case Law

LEE KAM CHUEN v. ING. MIROSLAV KOZUCH

LEE EDITH (EDITH LO) v. COMMISSIONER OF RATING VALUATION

LAT KIT LAU MUTUAL AID COMMITTEE v. COMMISSIONER OF RATING & VALUATION

LEE CHUN v. DIRECTOR OF LANDS