Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Compensation for loss of goodwill

Legal area

Court

18 Feb 2005

WO KEE TRADING CO LTD v. THE SECRETARY FOR TRANSPORT

Citation

WO KEE TRADING CO LTD v. THE SECRETARY FOR TRANSPORT
Court

Court of Appeal
Case number

CACV288/2002

The appeal was dismissed because the central new ground (combined assessment and apportionment of loss between two separate resumptions) was not pleaded or amended in the notice of appeal and could not be raised for the first time on appeal; the Lands Tribunal's adverse factual findings were supported by the evidence and, given the limitation of appeal to questions of law, this Court would not overturn those findings; no legal basis existed to apportion compensation between sequential separate resumptions.
22 Oct 1997

CHUM HON CHI v. DIRECTOR OF LANDS

Citation

CHUM HON CHI v. DIRECTOR OF LANDS
Court

Court of Appeal
Case number

CACV122/1996

The Tribunal's failure to articulate Shun Fung principles was a methodological shortcoming but the 9% discount rate was not demonstrably wrong on the evidence before the Tribunal given lack of contrary evidence from appellants and reasonable allowance for real return and risk; on the factual issue the Tribunal correctly limited award to substantiated decoration payments of $900,000 and rightly refused the unproven balance.