8 Nov 2006
SMART GAIN INVESTMENT LTD v. TOWN PLANNING BOARD
- Citation
- SMART GAIN INVESTMENT LTD v. TOWN PLANNING BOARD
- Court
- Court of Appeal
- Case number
- CACV106/2006
The Court of Appeal held that the materials disclosed an arguable case meriting leave: it was arguable that the Board/Objection Hearing Committee failed to resolve disputed factual issues, may have adopted the Planning Department's assertions without inquiry and thereby risked abdication of decision-making and failure to give reasons; accordingly leave to apply for judicial review was granted applying the Ho Ming-sai test.