Hong Kong Case Law: Decisions & Judgments

Topic

Disturbance damages

Legal area

Court

30 Jan 1984

CHEUNG TAI HEE AND OTHERS v. DIRECTOR OF LANDS

Citation

CHEUNG TAI HEE AND OTHERS v. DIRECTOR OF LANDS
Court

Lands Tribunal
Case number

LDLR7/1983

Claimants held tenancy residues of three years at date of resumption and were entitled under s10(2)(a) to the capitalised value of profit rent and under s10(2)(d) to full disturbance compensation for cost to reconstruct ponds and loss of production; profit rent conservatively assessed at $2,000 p.a. (Kwok) and $2,500 p.a. (Chow) capitalised at 13% for three years and disturbance assessed at $12 per square metre plus $1,000 for loss of production, with full compensation payable without discount.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA15/1983

The Tribunal held that the statutory multiple of rateable value establishes only a minimum; reasonable compensation must reflect the tenant's actual loss measured by the value of the tenant's expected future use at restricted rent plus reasonable disturbance costs; past occupation or sentimental value is not compensable; sub-tenants receive an apportioned share of that loss. The Tribunal quantified tenants' interests by estimating profit rent and capitalising at 13% for defined periods and added disturbance allowances to reach the awards ordered.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA9/1983

The Tribunal held that s.53A(4)(a) prescribes only minimum compensation based on rateable‑value multiples; reasonable compensation is instead the tenant's actual loss measured by the value of expected future use of the protected tenancy plus an allowance for disturbance. Past occupancy or sentimental value is not a compensable measure. The Tribunal quantified loss by estimating profit rent, capitalising profit rent for the relevant period, and adding disturbance costs, and awarded specific sums to respondents accordingly.
23 Jul 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDNT23/1983

The Tribunal held that s.53A(4)(a) minimum multiples of rateable value operate only as a statutory floor; reasonable compensation must be the equivalent of the tenant's loss from being required to give up a protected tenancy early — measured by the value of the tenant's expected future use (the tenant's particular interest, capitalised) plus an allowance for disturbance — and not by past occupation or sentimental attachment or by reliance solely on a rateable-value formula.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA14/1983

Minimum compensation under s.53A(4)(a) is determined by the prescribed rateable-value multiple and length of occupation, but reasonable compensation under s.53A(2) is not confined to that formula; it must reflect the tenant's actual loss measured by the value of the tenant's expected future use of the protected tenancy plus an allowance for disturbance. Past occupation or sentimental value is not compensable. Sub-tenants are entitled to a proportion of the tenant's assessed compensation consistent with the values of their respective interests.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA10/1983

The statutory rateable-value multiplier in section 53A(4)(a) prescribes a minimum compensation only; reasonable compensation under section 53A(2) must be the equivalent of the tenant's actual loss from forced early surrender — measured by the value of the tenant's expected future use of the tenancy (capitalised profit rent for the relevant period) plus reasonable disturbance — and not by past occupation sentiment or an automatic multiple of rateable value.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA16/1983

The statutory rateable-value formula in s.53A(4)(a) prescribes only minimum compensation; reasonable compensation must instead compensate the tenant's actual loss measured by the value of the tenant's expected future use of the protected tenancy (the tenant's particular interest) plus an allowance for disturbance; past occupation or sentimental attachment is not a monetary measure; sub-tenants receive apportioned shares of that assessed tenant interest.
23 Jul 1983

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HEI CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDNT14/1983

The tribunal held that s.53A(4)(a)'s rateable-value multiples prescribe only a statutory minimum; reasonable compensation must equal the tenant's actual loss measured by the value of the tenant's expected future use of the premises (capitalised profit rent over the relevant period) plus an allowance for disturbance. Past occupation or sentimental attachment is not a monetary measure of compensation; sub-tenants are entitled to an apportioned share of the tenant's interest.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA12/1983

The statutory rateable-value multiplier in s.53A(4)(a) provides only a minimum guaranteed compensation; the proper measure of reasonable compensation is the tenant's actual loss measured by the value of the tenant's expected future use of the protected tenancy (capitalised profit rent) plus reasonable disturbance costs; past occupation or sentimental value is not compensable; apportionment to sub-tenants is required but follows the same valuation principles.
23 Jul 1983

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS

Citation

SCAIFFEE LTD v. CHOW HET CHUEN AND OTHERS
Court

Lands Tribunal
Case number

LDLA8/1983

The Tribunal held that the statutory rateable-value multiplier creates only a minimum compensation; the proper measure of reasonable compensation for termination of a protected tenancy is the value of the tenant's loss measured by the expected future use of the tenancy (capitalised profit rent over the relevant period) plus disturbance; past occupation or sentimental attachment is not a compensable measure.