Hong Kong Case Law: Decisions & Judgments

Topic

Expert valuation

Legal area

Court

22 Apr 2022

ABLE LUCK DEVELOPMENT LTD AND OTHERS v. BOLY METAL MANUFACTORY LTD AND OTHERS

Citation

[2022] HKLdT 17
Court

Lands Tribunal
Case number

LDCS11000/2018

Applicants satisfied the applicable statutory ownership threshold (80% under Cap 545A because lot is OU(B) non-industrial), the Building is sufficiently aged and in a state of repair/obsolescence to justify redevelopment under section 4(2)(a), applicants took reasonable steps to acquire minority shares under section 4(2)(b), revitalization is not a statutory requirement nor a barrier to ordering compulsory sale, the tribunal determined the EUV at HKD 1,414,015,000 (as at 29 March 2018) and the RDV/reserve price at HKD 2,349,000,000 (as at 12 March 2021), and therefore granted an order for sal…
30 Oct 2019

REMEDY ASIA LTD AND ANOTHER v. YICK SHING CONTRACTORS LTD

Citation

[2019] HKCFI 2673
Court

Court of First Instance
Case number

HCCT4/2012

The Plaintiffs proved entitlement to the contract sums as quantified by the single joint expert, the Assignment was valid and prior rulings rejected champerty and time‑bar defences, the Defendant failed to produce evidence to justify deductions or to substantiate the alleged settlement or substandard performance, the purported termination of Contract B was unlawful, and the Plaintiffs are entitled to the awarded sums, damages, interest and costs.
26 Sept 2018

GOLDBAY FORTIS LTD v. RICH RESOURCE DEVELOPMENT LTD

Citation

[2018] HKCFI 2458
Court

Court of First Instance
Case number

HCA2449/2013

The court refused to order Deacons/Mr Chung to prepare a detailed privilege list because the plaintiff failed to identify the documents in the subpoenas and the application was made late; conversely the court granted leave to the plaintiff to obtain updated expert valuation reports as at a date close to judgment because the pleadings permitted valuation at date of judgment, no specific prejudice was shown, and case management can address lateness by imposing a tighter timetable.
10 Mar 2017

HKSAR v. TSANG YAU MAY AND ANOTHER

Citation

HKSAR v. TSANG YAU MAY AND ANOTHER
Court

Court of Appeal
Case number

CACC16/2016

The court held that, taken together, the timing and nature of the transactions (purchase of an off‑the‑shelf company, a cooperation agreement immediately after estate transfer, a $10M loan/repayment, a $12M jade sale with only $10.13M paid into the seller's personal account opened same day, failure to recover balance, rapid deregistration of Bright Jade), the low independent expert valuations, the presence of probate litigation material at the 2nd applicant's residence, and the applicants' failure to give evidence or to explain these matters permitted the irresistible inference of a conspirac…
18 Jun 2015

SINOFAITH ENGINEERING LTD v. HOMWELL HOLDINGS LTD t/a JOIN WELL CONSTRUCTION ENGINEERING CO

Citation

SINOFAITH ENGINEERING LTD v. HOMWELL HOLDINGS LTD t/a JOIN WELL CONSTRUCTION ENGINEERING CO
Court

District Court
Case number

DCCJ3785/2012

The court accepted the plaintiff's witnesses and expert valuation method as credible and accurate, found the defendant had paid $2,039,882.85 against works valued at $2,923,294.21 and therefore owed the plaintiff $883,411.36; the defendant's counterclaim was dismissed for lack of evidence due to non-attendance.
5 Dec 2014

潘景鴻 v. LEUNG TAK SING, PETER t/a ARCHINTERIORS

Citation

潘景鴻 v. LEUNG TAK SING, PETER t/a ARCHINTERIORS
Court

District Court
Case number

DCCJ4446/2011

The court accepted the joint experts' valuation (adjusted for items not proved) and rejected the alleged 5% discount for lack of evidence, held defendant liable for HK$617,050 less prior payment of HK$400,000, awarding plaintiff HK$217,050; defendant's counterclaim for HK$181,000 for delay was dismissed for insufficient proof of delay and causation.
24 Jul 2014

CRESTDREAM LTD v. POTTER INTERIOR DESIGN LTD

Citation

CRESTDREAM LTD v. POTTER INTERIOR DESIGN LTD
Court

Court of First Instance
Case number

HCCT32/2013

Master accepted the expert valuation and plaintiff's submissions: reinstatement costs of HK$90,000 are recoverable; plaintiff overpaid HK$2,006,088 after credit for refund; liquidated damages clause was a genuine pre-estimate and, given defendant's abandonment and no contractual provision terminating that liability, liquidated damages of HK$808,500 for 245 days are recoverable despite termination; plaintiff took reasonable steps to mitigate. Damages and interest awarded and costs summarily assessed.
10 Jan 2014

TCWF v. LKKS

Citation

TCWF v. LKKS
Court

Court of Appeal
Case number

CACV166/2012

Court allowed appeal in part: findings of forgery/perjury and conspiracy based on SP1 and collateral evidence were set aside because procedural irregularity (admissibility and failure to prove documents) and estoppel/res judicata arising from the February 2011 compromise meant those issues were not properly before the ancillary relief trial; apparent bias not established; referral to DPP by judge is not appealable and was permissible; father\'s contractual rights under the Framework Agreement and Special Articles had to be taken into account at the asset‑ascertainment stage and could not be d…
26 Oct 1999

KWOK KA v. MAK SHIU HIN AND OTHERS

Citation

KWOK KA v. MAK SHIU HIN AND OTHERS
Court

Court of First Instance
Case number

HCA3262/1997

The court rejected the plaintiff's $12,000,000 redevelopment valuation because the expert's quantification of the crucial variable — the volition of the owner of the adjoining key property (no.23) and time to achieve unification — was speculative and unrealistic; the court accepted the existing‑use valuation of $9,000,000 and awarded damages for loss of bargain of $620,000, plus return of deposit and legal costs, with interest at the judgment rate.
19 Feb 1997

S.C. CHOW & ASSOCIATES LTD v. CHOW KIT MING t/a MODERN WORLD PRINTING DESIGN CO

Citation

S.C. CHOW & ASSOCIATES LTD v. CHOW KIT MING t/a MODERN WORLD PRINTING DESIGN CO
Court

Court of First Instance
Case number

HCA8372/1995

Master accepted plaintiff's documentary and expert evidence, found defendant repudiated the tenancy and failed to establish lawful surrender or properly pleaded set-off, allowed mitigation credits for actual re-lettings, reduced the air-conditioning repair claim to one-third due to age and depreciation, and refused to credit the rental deposit; accordingly awarded damages of HK$231,533.13 (Action No.4504/1995) and HK$531,158.75 (Action No.8372/1995) plus interest and costs.