27 Dec 2023
EASTRADE HOLDINGS LTD v. SECRETARY FOR JUSTICE FOR AND ON BEHALF OF THE DIRECTOR OF LANDS
- Citation
- [2023] HKCFI 3356
- Court
- Court of First Instance
- Case number
- HCMP1736/2021
The consent clause in the 1930 Crown Lease must be read in the context of the Kowloon Tong Garden Estate and the building covenant; 'any other messuage or dwellinghouse' refers to any house other than the Director‑approved house and therefore covers replacement/rebuilding as well as additional houses; charging a premium for increased development intensity does not constitute derogation from grant given the Estate purpose and lease terms; the Plaintiff failed to prove waiver of the consent clause and the Director's exercise of discretion was not shown to be arbitrary or irrational. Accordingly…