4 Oct 2019
NGAI SAU YING v. COLLECTOR OF STAMP REVENUE
- Citation
- [2019] HKCA 1104
- Court
- Court of Appeal
- Case number
- CACV460/2018
The Court held that, having regard to the Court Order and its judgment and the surrounding circumstances, the two assignments formed part of one package effectuating an exchange under s25(7) of the Stamp Duty Ordinance; equality consideration of HKD 100,000 arose from the overall distribution ordered by the court at the date of the order; only the principal instrument effecting the equality consideration (Assignment A transferring the more valuable property) is chargeable and stamp duty at Scale 1 (1.5%) on HKD 100,000 is HKD 1,500; Assignment B is not chargeable; the Court of Appeal answered…