Hong Kong Case Law: Decisions & Judgments

Topic

Premium assessment

Legal area

Court

10 Apr 2014

CHEUNG KIT LAI AND ANOTHER v. RICH PROSPER LTD AND ANOTHER

Citation

CHEUNG KIT LAI AND ANOTHER v. RICH PROSPER LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA972/2011

The court found the DLO's extraordinary delay (four years and eight months) and resulting drastic increase in premium and related liabilities rendered performance of the Agreement by the chargee-vendor materially and radically different from what was contracted; an implied condition precedent was rejected as unnecessary and inconsistent with the integrated agreement; therefore the contract was frustrated and discharged, entitling the Plaintiffs to return of the deposit.
21 Sept 2012

CHAN WAH CHUEN WILLIAM v. DIRECTOR OF HOUSING

Citation

CHAN WAH CHUEN WILLIAM v. DIRECTOR OF HOUSING
Court

Lands Tribunal
Case number

LDHA2/2012

The Lands Tribunal's statutory jurisdiction under the Lands Tribunal Ordinance and the Schedule to the Housing Ordinance is limited to appeals against the Director's assessment of prevailing market value; an appeal challenging the initial market value recorded at the time of assignment is beyond the Tribunal's jurisdiction and therefore the Notice of Appeal discloses no reasonable ground and is struck out; transfer to the CFI is refused because the appellant's cause was insufficiently pleaded to justify transfer.
7 May 2008

RANK PROFIT INDUSTRIES LTD v. DIRECTOR OF LANDS

Citation

RANK PROFIT INDUSTRIES LTD v. DIRECTOR OF LANDS
Court

Court of Appeal
Case number

CACV94/2007

The Director, when negotiating and offering terms for lease modification, was exercising a private landlord function not subject to judicial review; therefore the two letters/offers were not reviewable public-law decisions and the applicant's judicial review claim failed. The appeal is dismissed and the respondent is entitled to costs (order nisi).
11 Mar 2005

WONG KAI HUNG v. DIRECTOR OF HOUSING

Citation

WONG KAI HUNG v. DIRECTOR OF HOUSING
Court

Lands Tribunal
Case number

LDHA4/2004

The Tribunal determined the prevailing market value as at the valuation date (8 September 2004) by selecting non-corner comparables (Comparables 2,4,8,9,11) and discarding Comparable 13 as temporally remote, applying accepted percentage adjustments (including 0.3% per floor, time index adjustments, view/orientation, averaged 3% for internal defects and a specific noise adjustment for Comparable 11), deriving an average adjusted unit rate of $22,276 per sq.m and applying it to the saleable area of 33.7 sq.m to arrive at $750,700; costs awarded to appellant to be taxed if not agreed.
23 Sept 2003

LAM CHIK v. DIRECTOR OF HOUSING

Citation

LAM CHIK v. DIRECTOR OF HOUSING
Court

Lands Tribunal
Case number

LDHA3/2003

The Tribunal accepted the Respondent's valuation methodology subject to correcting inconsistent application of adjustments, adopted an average unit rate of $17,205 per sq.m and assessed the market value of the subject property at $609,000; the premium is to be calculated in accordance with paragraph 1(b) of the Schedule to the Housing Ordinance on that basis and costs are awarded to the Respondent.

Hong Kong Case Law

CHEUNG KIT LAI AND ANOTHER v. RICH PROSPER LTD AND ANOTHER

CHAN WAH CHUEN WILLIAM v. DIRECTOR OF HOUSING

RANK PROFIT INDUSTRIES LTD v. DIRECTOR OF LANDS

WONG KAI HUNG v. DIRECTOR OF HOUSING

LAM CHIK v. DIRECTOR OF HOUSING