Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Severance compensation

Legal area

Court

21 May 2004

DELIGHT WORLD LTD v. THE SECRETARY FOR TRANSPORT

Citation

DELIGHT WORLD LTD v. THE SECRETARY FOR TRANSPORT
Court

Lands Tribunal
Case number

LDMR2/2002

Tribunal held the Affected Lots were not building land under the leases and applied Melhado and related authority; valuation must assume permitted Melhado uses and the appropriate compensation is the higher market value between open storage and open car parking uses after reviewing and adjusting comparables; applying those assumptions and adjustments the Tribunal awarded compensation for the resumed land and severance totaling HKD 52,518,000.
27 Jun 2003

DELIGHT WORLD LTD v. THE SECRETARY FOR TRANSPORT

Citation

DELIGHT WORLD LTD v. THE SECRETARY FOR TRANSPORT
Court

Lands Tribunal
Case number

LDMR2/2002

The Tribunal held the Affected Lots were demised as agricultural (described as 'padi') and subject to the lease user covenant; therefore valuation must be on agricultural use excluding speculative 'hope' value or building‑land potential (Melhado uplift unsupported by evidence). Using agricultural comparables and justified adjustments the Tribunal fixed an agricultural unit rate of HK$1,927 per m2 and awarded total compensation of HK$15,900,000. Severance claims for Site A and Site B were dismissed for lack of proof; a 10% loss to the Northern Portion was allowed.