30 Apr 2025
YEMIE KOOLE LTD v. APPEAL TRIBUNAL (BUILDINGS ORDINANCE)
- Citation
- [2025] HKCFI 1763
- Court
- Court of First Instance
- Case number
- HCAL1636/2024
Leave was refused because the applicant failed to raise the corrections issue before the Tribunal despite disclosure in 2013, there was no evidence of bad faith in the corrections, the Tribunal's factual findings that the relevant slope subdivision was formed in the period after the New Grant were supported by aerial photographs and witness evidence and were not irrational or legally erroneous, the AECOM expert's evidence was properly assessed and not disqualified by bias, and the application was out of time with no basis for an extension; costs awarded to the Building Authority.