24 Nov 2017
HAPPY ENOUGH LTD v. THE DIRECTOR OF LANDS
- Citation
- HAPPY ENOUGH LTD v. THE DIRECTOR OF LANDS
- Court
- Court of Appeal
- Case number
- CACV184/2016
The Court of Appeal held that (1) the User Covenant did not permit ground‑floor shop use when construed by ordinary meaning and proper contextual analysis (the Lands Tribunal erred by importing the wide statutory definition from the 1903 Ordinance); (2) however, the Tribunal's factual findings that the Government had long knowledge of widespread ground‑floor shop use and had thereby abandoned the User Covenant were not disturbed; and (3) section 12(b) of the LRO does not bar compensation where the claimant's interest at the date of resumption reflects an acquiesced/abandoned covenant — accord…