Hong Kong Case Law: Decisions & Judgments

Topic

Assessment methodology

Legal area

Court

26 Oct 2001

LAWATI BHAWANI BIKRAM v. TING KAU CONTRACTORS JOINT VENTURE

Citation

LAWATI BHAWANI BIKRAM v. TING KAU CONTRACTORS JOINT VENTURE
Court

Court of First Instance
Case number

HCPI1242/1999

The court accepted the plaintiff's credible medical and lay evidence of a significant L1 compression fracture with ongoing disability, rejected the bamboo scaffolder wage statistics as inapt for metal scaffolders, adopted the scaffolder foreman salary as the appropriate comparator for notional pre-accident earnings, and awarded damages as quantified: PSLA $450,000; past loss $278,806.73; prospective loss $1,680,000; loss of earning capacity $100,000; other specials $21,174; less ECC $405,633.67; total $2,124,347.06 plus interest and costs.
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

LDGA100/1998

The Tribunal held that for government rent purposes the Commissioner may ascertain rateable value in the quantum sense applying the principles and assumptions of rating law but disregarding the requirement of rateable occupation; the contractor's test is an available method but not the sole method; the owner's intention to develop is irrelevant to valuation; section 2 of the Rent Regulations is not ultra vires insofar as it permits valuation for rent despite lack of rateable occupation; however sections 4 and 5 of the Rent Regulations are ultra vires and void to the extent they permit use of…
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

LDGA28/1998

The Tribunal held that (a) the Commissioner is empowered to ascertain rateable value for government rent in the quantum sense applying rating law principles but disregarding the requirement of rateable occupation (i.e. ratability is irrelevant for rent assessment); (b) s.2 of the Rent Regulations is valid to the extent it clarifies development sites are liable to be ascertained for rent regardless of ratability and does not displace core valuation principles; (c) the contractor's test is an admissible but not exclusive method and the Tribunal will not prescribe it as the sole test; (d) ss.4 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

LDGA48/1998

Section 2 of the Rent Regulations is valid and must be construed to permit ascertainment of rateable value for government rent in the quantum sense applying rating principles while disregarding requirement of rateable occupation; the contractor's test is not the sole method of valuation and assumptions must reflect a vacant building site in its actual existing state with hypothetical tenancy terms as in section 7(2) of the Rating Ordinance; sections 4 and 5 of the Rent Regulations are ultra vires and void to the extent they adopt the 'last ascertained rateable value' of demolished buildings 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

LDGA8/1998

Section 2 of the Rent Regulations is ambiguous if read literally but must be construed to make development sites liable to government rent while preserving the established Rating Ordinance valuation principles in the quantum sense; the contractor's test is a permissible method but not the sole method of valuation; the developer's present intention to develop is irrelevant to valuation for rent; 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 rent assessment for redevelopment and conflict with Basic Law Ar…
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…
30 Nov 1998

CHENG CHING MUK v. WAH NAM TRAVEL SERVICE LTD.

Citation

CHENG CHING MUK v. WAH NAM TRAVEL SERVICE LTD.
Court

Court of First Instance
Case number

HCPI65/1997

On the evidence the court accepted the deceased's average monthly income as $7,934.38, accepted a 10% annual increase for future earnings and contributions, found the deceased contributed $4,000 monthly to household expenses, apportioned dependency shares (Plaintiff 24%, Chui Kuen 14%, Chin Mong 24%, Chin Man 24%), awarded a conservative global sum of $150,000 for loss of accumulation, and made awards for bereavement, clothing and funeral expenses with specified interest and costs orders.
14 Nov 1978

HUANG PEI NAM v. CHEUNG SAI KIT

Citation

HUANG PEI NAM v. CHEUNG SAI KIT
Court

Court of First Instance
Case number

HCA2042/1978

The plaintiff was entitled to substantial damages for severe and permanent brain damage affecting personality and earning capacity: general damages of $90,000 for pain, suffering and loss of amenities; loss of future earning capacity assessed as $900 per month for 20 years with a multiplier of 15 resulting in $162,000; special damages of $5,400 with interest at 4% from date of accident; and costs to plaintiff with certificate for counsel to be taxed under Legal Aid Regulations.