Hong Kong Case Law: Decisions & Judgments

Topic

Assumptions in valuation

Legal area

Court

29 Mar 1999

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

Citation

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDGA29/1998

Tribunal held that rateable value for government rent must be ascertained in the quantum sense applying the principles of the Rating Ordinance (ss7/7A) but disregarding the requirement of rateable occupation; the contractor's test is not the sole method; the developer's present intention to develop is irrelevant to valuation; section 2 of the Rent Regulations is not ultra vires and is to be construed as making development sites liable for rent even if valuation may be nil or nominal; however sections 4 and 5 of the Rent Regulations are ultra vires and void to the extent they adopt the 'last a…
29 Mar 1999

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

Citation

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDGA109/1998

Tribunal held that rateable value for government rent is a quantum concept to be ascertained applying the principles of the Rating Ordinance but that the question of rateable occupation is to be disregarded for rent assessment purposes (i.e. sites may be assessed for rent even if not liable for rates); the contractor's test is not the sole method of valuation and assumptions (including that the land is a vacant building site in its actual existing state and the statutory terms of hypothetical tenancy) govern valuation; section 2 of the Rent Regulations is to be interpreted as enabling ascerta…
29 Mar 1999

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

Citation

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDGA23/1998

The Tribunal held that: (1) the Commissioner may ascertain rateable value for government rent in its quantum sense irrespective of rateable occupation (i.e. rateability is to be disregarded for rent valuation) and valuation should follow rating principles except that absence of rateable occupation is irrelevant; (2) s.2 of the Rent Regulations is valid and not ultra vires as it clarifies that development sites may be assessed for rent despite lack of rateable occupation; (3) ss.4 and 5 of the Rent Regulations are ultra vires and contrary to Article 121 to the extent they allow use of the 'las…
29 Mar 1999

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

Citation

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDGA102/1998

The Tribunal held that rateable value in the formula for government rent is to be understood in its quantum sense and that the Commissioner is empowered to ascertain rateable value for rent purposes notwithstanding absence of rateable occupation (i.e. ratability is to be disregarded for rent valuation), but that the Rating Ordinance principles (including assumptions in s.7 and s.7A subject to the disregarding of ratability) govern the ascertainment in quantum; the contractor's test is an admissible method but not the only method and should not be prescribed as exclusive; the owner/developer's…
29 Mar 1999

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

Citation

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDGA47/1998

The Tribunal held that rateable value for government rent is to be ascertained in the quantum sense applying the principles of the Rating Ordinance except that the requirement of rateable occupation is to be disregarded for rent assessment; the contractor's test is an admissible method but not the sole method; the developer's present intention to develop is irrelevant as an assumption affecting annual value; section 2 of the Rent Regulations is valid to the extent it treats development sites as liable for rent (even if nil) but sections 4 and 5 of the Rent Regulations are ultra vires and void…

Hong Kong Case Law

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION