Hong Kong Case Law: Decisions & Judgments

Topic

Redevelopment valuation

Legal area

Court

29 Nov 2013

MANY GAIN INVESTMENT LTD v. CHAN FAI HO AND OTHERS

Citation

MANY GAIN INVESTMENT LTD v. CHAN FAI HO AND OTHERS
Court

Lands Tribunal
Case number

LDCS28000/2012

The Tribunal held that the Ordinance's definition of minority owner includes paper/register owners; there was no abuse or fatal duplication in proceeding before resolution of related proceedings and s4(6)(a)(iii)(A) permits continuation; the 1st respondent's costs application was dismissed and the applicant's costs were summarily assessed at HK$4,000; the trial was adjourned sine die because the Tribunal cannot set a reserve price reflecting composite redevelopment potential unless all adjoining lots are brought before the same Tribunal for directions and a single auction.
29 Mar 1999

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

Citation

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDGA104/1998

The Tribunal held that the Commissioner is empowered to ascertain rateable value for government rent in its quantum sense applying valuation principles of the Rating Ordinance but disregarding the requirement of rateable occupation (i.e. ratability is irrelevant for rent assessment); the contractor's test is a permissible but not exclusive method; the developer's present intention to develop is irrelevant; ss.4 and 5 of the Rent Regulations are ultra vires and void to the extent they adopt the 'last ascertained rateable value' for demolished buildings and thus conflict with Article 121; s.2 o…
29 Mar 1999

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

Citation

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDGA22/1998

The Tribunal held that (1) rateable value for government rent must be understood in its quantum sense and is to be ascertained applying the same valuation principles as under the Rating Ordinance, but for rent assessment the requirement of rateable occupation is to be disregarded so that development sites may be valued for rent even if not assessable for rates; (2) s.2 of the Rent Regulations is not ultra vires and is to be read as empowering the Commissioner to value development sites 'as if' assessable while not altering established valuation principles or prescribing the contractor's test…
29 Mar 1999

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

Citation

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDGA103/1998

The Tribunal held that rateable value for government rent must be ascertained in its quantum sense applying the principles of rating law but without regard to the requirement of rateable occupation (i.e. sites can be assessed for rent even if not liable for rates); the contractor's test is an admissible valuation method but not the sole permissible method; the developer's present intention to develop is irrelevant to the hypothetical year‑to‑year tenancy valuation; section 2 of the Rent Regulations is valid to the extent it enables ascertainment of rateable value notwithstanding non‑ratabilit…
29 Mar 1999

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

Citation

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDGA55/1998

Section 2 of the Rent Regulations must be interpreted to permit the Commissioner to ascertain a rateable value for government rent irrespective of rateable occupation but without displacing established valuation principles (quantum) under the Rating Ordinance; the contractor's test is not the sole permissible method; the developers' present intention to develop is irrelevant to valuation for annual rent (hypothetical year-to-year tenancy assumptions apply); sections 4 and 5 of the Rent Regulations are ultra vires and void to the extent they adopt the 'last ascertained rateable value' as the b…
29 Mar 1999

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

Citation

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDGA27/1998

Section 2 of the Rent Regulations must be interpreted to permit ascertainment of rateable value for government rent in the quantum sense applying the Rating Ordinance valuation principles except that the requirement of rateable occupation is irrelevant for rent assessment; contractor's test is not the sole permissible method; the appellants' intention to develop is irrelevant to valuation; sections 4 and 5 of the Rent Regulations are ultra vires to the extent they adopt the 'last ascertained rateable value' as the basis for redevelopment valuation and contravene Article 121 of the Basic Law a…
29 Mar 1999

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

Citation

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDGA56/1998

Tribunal held that rateable value for government rent must be ascertained in its quantum sense applying the principles of the Rating Ordinance but disregarding the question of rateable occupation (i.e. sites may be assessed for rent even if not rateable for rates); the contractor's test is a permissible valuation method but not the sole test; the developers' present intention to develop is irrelevant to valuation; s.2 of the Rent Regulations is not ultra vires and does not alter established valuation principles in quantum, but ss.4 and 5 of the Rent Regulations are ultra vires and void to the…
29 Mar 1999

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

Citation

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDGA20/1998

Section 2 of the Rent Regulations is to be read as permitting the Commissioner to ascertain rateable value for government rent in the quantum sense applying the same valuation principles as the Rating Ordinance but disregarding the requirement of rateable occupation; the contractor's test is a permissible but not exclusive method; ss.4 and 5 of the Rent Regulations are ultra vires and void to the extent they adopt the 'last ascertained rateable value' as the basis for redevelopment valuation because s.34 does not empower the Chief Executive in Council to modify valuation principles in that su…
29 Mar 1999

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

Citation

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDGA57/1998

The Tribunal held that rateable value for government rent is to be ascertained in the quantum sense applying the principles of the Rating Ordinance (including common law valuation principles) but disregarding the requirement of rateable occupation; the contractor's test is a permissible method but not the exclusive basis; the developer's present intention to develop is irrelevant to the hypothetical year‑to‑year tenancy valuation; sections 2, 6, 8 and 34 of the Rent Ordinance and section 2 of the Rent Regulations are valid as authorising ascertainment of rateable value in the quantum sense, b…
29 Mar 1999

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION

Citation

AGRILA LTD. AND OTHERS v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDGA30/1998

Tribunal held that section 2 of the Rent Regulations is not ultra vires but must be read to require valuation on the same principles and basis as under the Rating Ordinance in the quantum sense while disregarding the requirement of rateable occupation (i.e. sites may be valued though not ratable); the contractor's test is an admissible method but not the sole or mandatory method; the developer's present intention to develop is irrelevant to valuation; sections 4 and 5 of the Rent Regulations are ultra vires and void to the extent they adopt the 'last ascertained rateable value' as the basis f…