Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

R&e method

  • 3 Jan 2014

    CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

    Citation
    CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION
    Court
    Lands Tribunal
    Case number
    LDRA365/2004

    Tribunal holds that using CLP 2004 actual accounts to interpolate per‑customer profitability is impermissible hindsight; it adopts Mr Davis Original Method (accounts to 31 Dec 2003 plus customer numbers at 1 Apr 2004) to reflect physical and economic state; HL AUC/CS are to be excluded from HL asset base but HT AUC/CS remain in HT asset base; wayleaves, pole sites and DCS need not be separately included in HL asset base because their value is captured in the divisible balance; if capital values are required the decapitalisation rate is 12.35%; no disallowance of interest for delay.

  • 3 Jan 2014

    CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

    Citation
    CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION
    Court
    Lands Tribunal
    Case number
    LDRA366/2004

    The Tribunal prohibited interpolation using full post-List Date (2004) accounts as a method to derive exact growth rates for projection at the valuation date and adopted Mr Davis's Original Method to reflect physical and economic state at the List Date; asset-split reference is to SOC register subject to legal qualifications (exclude non-capable-for-occupation assets from RA; contributions of non-registered assets captured in DB); HL's non-rateable AUC and CS are to be excluded from HL asset base but tenant's AUC/CS may remain in HT asset base; wayleaves, pole sites and DCS need not be separa…