30 Oct 2009
CHINA FIELD LTD v. APPEAL TRIBUNAL (BUILDINGS)
- Citation
- CHINA FIELD LTD v. APPEAL TRIBUNAL (BUILDINGS)
- Court
- Court of Final Appeal
- Case number
- FACV2/2009
The Court held (1) s.16(1)(h) must be read to permit refusal only where the danger is attributable to the physical place at or manner in which the proposed means of access opens onto the street, not to a general increase in traffic at a distant junction; accordingly China Field's appeal succeeds and its case is remitted for rehearing; (2) the doctrine of lost modern grant is available in Hong Kong and the fee simple/common landlord restrictions should not be adopted, but Sun Honest failed on the facts to establish the right of way and its appeal is dismissed.