Hong Kong Case Law: Decisions & Judgments

Topic

Fixtures and fittings valuation

Legal area

Court

13 Jun 2002

WO KEE TRADING CO LTD v. THE SECRETARY FOR TRANSPORT

Citation

WO KEE TRADING CO LTD v. THE SECRETARY FOR TRANSPORT
Court

Lands Tribunal
Case number

LDMR28/2000

The Tribunal found the Applicant failed to prove that the resumption caused the alleged losses except for a narrow head relating to fixtures where credible expert evidence supported a small loss; most claimed losses arose from market fluctuations and management decisions and/or were avoidable by reasonable mitigation, the Applicant's valuation and apportionment evidence was unreliable or unsupported, therefore only $60,273 was awarded for loss of fixtures and reinstatement and all other claims were dismissed with professional fees, interest and costs reserved.
28 Aug 1996

Mok Wing Shu t/a Wing Fai Hardware Co. v. Director of Lands

Citation

Mok Wing Shu t/a Wing Fai Hardware Co. v. Director of Lands
Court

Lands Tribunal
Case number

LDLR21/1994

Applicant entitled to compensation under s.10(2)(d) to restore his business position; there was insufficient evidence that the business relocated; auction proceeds of HK$22,000 were taken as reliable market indicator and multiplied by 5 to value stock at HK$110,000 yielding an awarded loss on forced sale of HK$88,000; fixtures and fittings accepted on documentary cost less 20% depreciation at HK$298,720; profit rent accepted as HK$83,800 per respondent expert; ancillary costs allowed; total compensation fixed at HK$560,000.
22 Aug 1996

LAI Yuet Ngao t/a Hoi Yeung Commercial v. Director of Lands

Citation

LAI Yuet Ngao t/a Hoi Yeung Commercial v. Director of Lands
Court

Lands Tribunal
Case number

LDLR2/1995

Tribunal held applicant entitled to compensation under s.10(2)(d); on the evidence applicant lacked funds to relocate so award is on a total extinguishment basis; in absence of reliable trading records tribunal adopted a wages-and-salary cost approach cross-checked with rental approach to fix annual profit at $220,000 and applied a multiplier of 2 to determine goodwill of $440,000; took auction proceeds $3,000 as reliable indicator for perishable stock and applied a factor of 10 to reach market value $30,000 (loss on forced sale $27,000); accepted expert valuation with depreciation for fixtur…
12 Aug 1996

Ko Lai Mui t/a Cheung Shing Mirror v. Director of Lands

Citation

Ko Lai Mui t/a Cheung Shing Mirror v. Director of Lands
Court

Lands Tribunal
Case number

LDLR6/1995

The Tribunal held that under s.10(2)(d) the applicant was entitled to compensation to restore her business position; the daughter's separate business was not a continuation; absent reliable living‑standard or profit evidence the Tribunal relied on the applicant's prior trading accounts and market rent to set base annual profit at HK$260,000, applied a multiplier of 2 to fix goodwill at HK$520,000, assessed loss of profits at HK$160,000, treated the auction proceeds HK$17,000 as residuary value and applied a factor of 10 to determine stock/tools value HK$170,000 (loss on forced sale HK$153,000…

Hong Kong Case Law

WO KEE TRADING CO LTD v. THE SECRETARY FOR TRANSPORT

Mok Wing Shu t/a Wing Fai Hardware Co. v. Director of Lands

LAI Yuet Ngao t/a Hoi Yeung Commercial v. Director of Lands

Ko Lai Mui t/a Cheung Shing Mirror v. Director of Lands