23 Sept 2021
FOOK LEE HOLDINGS LTD v. THE SECRETARY FOR TRANSPORT AND HOUSING
- Citation
- [2021] HKLdT 67
- Court
- Lands Tribunal
- Case number
- LDMR2/2016
Although an open market rent for the TOA was assessed, the Government relocated carparking within the same Lot to an area capable of accommodating equal or greater parking (29 spaces versus original 20) and thereby avoided the claimant's loss; Item 13 bars compensation for loss not suffered; the claimant failed to adduce evidence of prior beneficial use or necessary approvals to override lease restrictions; on these legal and factual bases there was no compensatable loss and leave to appeal has no reasonable prospect of success.