Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Wayleaves

  • 3 Jan 2014

    CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

    Citation
    CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION
    Court
    Lands Tribunal
    Case number
    LDRA365/2004

    Tribunal holds that using CLP 2004 actual accounts to interpolate per‑customer profitability is impermissible hindsight; it adopts Mr Davis Original Method (accounts to 31 Dec 2003 plus customer numbers at 1 Apr 2004) to reflect physical and economic state; HL AUC/CS are to be excluded from HL asset base but HT AUC/CS remain in HT asset base; wayleaves, pole sites and DCS need not be separately included in HL asset base because their value is captured in the divisible balance; if capital values are required the decapitalisation rate is 12.35%; no disallowance of interest for delay.

  • 3 Jan 2014

    CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

    Citation
    CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION
    Court
    Lands Tribunal
    Case number
    LDGA241/2004

    The Tribunal held that Ms Jim's method of interpolating from CLP's 2004 accounts to derive exact per-customer growth rates was impermissible hindsight and rejected that approach; it adopted Mr Davis' Original Method (use of accounts to 31 Dec 2003 combined with customer numbers at 1 Apr 2004) to reflect physical and economic state; HT's AUC and CS are included in HT asset base (HL's AUC/CS are excluded); wayleaves, pole sites and DCS need not be separately included in the HL asset base because their contribution is captured in the divisible balance; the appropriate decapitalisation/capitalisa…

  • 3 Jan 2014

    CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

    Citation
    CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION
    Court
    Lands Tribunal
    Case number
    LDRA366/2004

    The Tribunal prohibited interpolation using full post-List Date (2004) accounts as a method to derive exact growth rates for projection at the valuation date and adopted Mr Davis's Original Method to reflect physical and economic state at the List Date; asset-split reference is to SOC register subject to legal qualifications (exclude non-capable-for-occupation assets from RA; contributions of non-registered assets captured in DB); HL's non-rateable AUC and CS are to be excluded from HL asset base but tenant's AUC/CS may remain in HT asset base; wayleaves, pole sites and DCS need not be separa…