Hong Kong Case Law: Decisions & Judgments

Topic

Assessment procedure

Legal area

Court

27 Aug 2009

RE LEHMAN BROTHERS FUTURES ASIA LTD

Citation

RE LEHMAN BROTHERS FUTURES ASIA LTD
Court

Court of First Instance
Case number

HCCW464/2008

The court held that provisional liquidators appointed under s.193 and continuing in office under s.194(1)(aa) have their remuneration assessed by the court under its inherent jurisdiction (Maxwell Principles apply); the 2000 amendments and related definition do not convert s.193 provisional liquidators into statutory liquidators for the purpose of s.196(2) or automatically subject their agents' bills to taxation; provisional liquidation ends when the court appoints liquidators following meetings; the judge may appoint an assessor under s.53 to assist, and the assessor was appointed to conside…
27 Aug 2009

RE LEHMAN BROTHERS FUTURES ASIA LTD

Citation

RE LEHMAN BROTHERS FUTURES ASIA LTD
Court

Court of First Instance
Case number

HCCW438/2008

The court held that provisional liquidators appointed under section 193 and continuing in office after a winding up order under section 194(1)(aa) have their remuneration assessed by the court in exercise of its inherent jurisdiction both before and after the making of the winding up order until a liquidator is appointed; the 2000 amendments and the definition of "liquidator" should be read as directed at provisional liquidators appointed under section 194(1A) (a drafting correction), not as converting s193 provisional liquidators into statutory liquidators under s196(2); Maxwell principles a…
25 Aug 2009

RE LEHMAN BROTHERS SECURITIES ASIA LTD

Citation

RE LEHMAN BROTHERS SECURITIES ASIA LTD
Court

Court of First Instance
Case number

HCCW437/2008

The court exercised its jurisdiction to grant interim payments but limited the interim drawdown to 75% of the claimed fees for the Provisional Liquidators and their agents (excluding fees relating to Billing Tasks) and 100% of other disbursements, on the basis that the applications were supported by extensive evidence, but that caution was required given unresolved assessment matters (charge-out rates, potential reductions, and absence yet of an assessor); Billing Tasks were excluded from interim payment pending further assessment; undertakings to repay any excess were obtained and a validati…
28 Jun 2006

COMMISSIONER OF INLAND REVENUE v. ELLIOT, STEWART WILLIAM GEORGE

Citation

COMMISSIONER OF INLAND REVENUE v. ELLIOT, STEWART WILLIAM GEORGE
Court

Court of First Instance
Case number

HCIA12/2005

Portion of the US$11,000,000 attributable to cancellation of the 5,000,000 incentive units is taxable only to the extent it represents the value of the inducement; the Board erred in treating the entire portion attributed to the 5M Units as taxable and in fixing a 50% apportionment on the facts found. The matter is factual and best remitted to the Board under s.69(5) to determine the taxable proportion representing the inducement.
6 Aug 2004

LAM SOON TRADEMARK LTD v. THE COMMISSIONER OF INLAND REVENUE

Citation

LAM SOON TRADEMARK LTD v. THE COMMISSIONER OF INLAND REVENUE
Court

Court of First Instance
Case number

HCIA2/2004

The Court held that the Board of Review's factual findings — that the Appellant carried on business in Hong Kong and that the profit‑generating activities (granting of licences) were negotiated and agreed in Hong Kong by management based in Hong Kong — were reasonable and unassailable; accordingly the additional assessments under s60 were valid and there was no impermissible double taxation given the operation of the deeming provisions and allowance for prior 10% charge; appeal dismissed.
23 Apr 2002

CHAN YI HUNG v. YEUNG CHUN PONG ANDREW

Citation

CHAN YI HUNG v. YEUNG CHUN PONG ANDREW
Court

Court of First Instance
Case number

HCPI1496/2000

The court accepted the plaintiff's unchallenged factual evidence, assessed parental dependency at $2,300 per month with a 12 years purchase multiplier, awarded specific sums for pre-trial and post-trial dependency, bereavement, loss of accumulation and funeral expenses, apportioned $5,000 to the brother, ordered the award subject to the Director of Legal Aid's first charge and directed costs to the plaintiff.
25 Jan 1996

CHUNG LUNG SHUN v. ADAMS PARKING (INTERNATIONAL) LTD

Citation

CHUNG LUNG SHUN v. ADAMS PARKING (INTERNATIONAL) LTD
Court

Court of Appeal
Case number

CACV160/1995

The Court of Appeal held that s.14(1)'s 24‑month limit applies expressly to applications under s.18A(2) and does not apply to appeals under s.18; appeals under s.18 are governed by the separate six‑month limitation in s.18(2) (measured from the decision or certificate), accordingly the appellant's s.18 appeal was not time‑barred and the District Court order dismissing the proceedings was wrongly made.
2 Mar 1995

CHUI WING LAI v. CHUNG DOK RESTAURANT LTD. and PANG HEUNG LIN (Third Party)

Citation

CHUI WING LAI v. CHUNG DOK RESTAURANT LTD. and PANG HEUNG LIN (Third Party)
Court

Court of First Instance
Case number

HCA3177/1989

Master found injuries equated to the serious injury category (not substantial) with extensive disfiguring scarring but no functional disability; applied comparative authority CHUN YAT NAM for general damages and CHU TIK KWAN for a separate cosmetic award (adjusted for inflation), accepted some psychological treatment but rejected extreme prognoses, allowed quantified special damages (including parents' loss of earnings calculated per Donnelly), deducted interim payment, awarded interest at specified rates and reserved future operations and loss of future earnings.
10 Dec 1987

LILY CHEUNG v. COMMISSONER OF ESTATE DUTY

Citation

LILY CHEUNG v. COMMISSONER OF ESTATE DUTY
Court

Court of First Instance
Case number

HCMP2045/1987

The presumption of advancement was rebutted on the facts; therefore a resulting trust arose and the beneficial interest in the matrimonial home was held by husband and wife in shares proportionate to their respective contributions (including costs); consequently the Commissioner's assessment against the wife for the husband's alleged gift was incorrect and the appeal is allowed.
14 Mar 1986

FUNG YIU v. CHEUNG SIU PING

Citation

FUNG YIU v. CHEUNG SIU PING
Court

Court of First Instance
Case number

HCA3466/1985

Liability having been determined by interlocutory judgment, the court quantified damages on the evidence: past earnings $51,200; future earnings $81,600 using multiplicand/multiplier method; general damages $160,000 benchmarked to Lee Ting Lam with inflation adjustment; loss of expectation of life awarded pro rata at $5,000; no award for spousal supervision because duties were not sufficiently onerous and wife is likely to survive claimant; special damages for medical, travel and nourishment and property damage allowed; interest applied at 2% on general damages and 3.8% on special damages; co…