Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Building ordinance s.41(3)
  • 8 Aug 2014

    BRIGHT DRAGON PROPERTIES LTD v. DIRECTOR OF LANDS

    Citation
    BRIGHT DRAGON PROPERTIES LTD v. DIRECTOR OF LANDS
    Court
    Lands Tribunal
    Case number
    LDLR3/2007

    Court found the enclosure at the Portion fell within the Building and did not affect the structure, thus was exempt under Buildings Ordinance s.41(3); the applicant was entitled to compensation for its right to use the Portion and the Portion should be valued on its best use as shop area at 7.94 sq m x $263,195/sq m = $2,090,000; for the Upper Floors the tribunal accepted the respondent expert's comparables analysis with adjustments, discarded certain outlier comparables, and fixed an adjusted unit rate of $40,539/sq m giving value of $24,445,000; the tribunal rejected the applicant expert's…