3 Feb 2015
THE REAL ESTATE DEVELOPERS ASSOCIATION OF HONG KONG v. TOWN PLANNING BOARD
- Citation
- THE REAL ESTATE DEVELOPERS ASSOCIATION OF HONG KONG v. TOWN PLANNING BOARD
- Court
- Court of First Instance
- Case number
- HCAL58/2011
The four Board decisions were quashed because the Board failed to demonstrate that all members participating in the decisions were fully apprised of the applicant's detailed representations (specific procedural unfairness) and failed to discharge its duty to make sufficient inquiries (Tameside and s3(2) TPO), including consideration of interaction with SBDG; ultra vires and proportionality challenges were rejected as binding appellate authority upheld Board power to impose spot restrictions.