25 May 2007
PENNY\'S BAY INVESTMENT CO LTD v. DIRECTOR OF LANDS
- Citation
- PENNY\'S BAY INVESTMENT CO LTD v. DIRECTOR OF LANDS
- Court
- Lands Tribunal
- Case number
- LDMR1/2005
The Lands Tribunal held the primary statutory measure of compensation under the FSRO is the notional tort approach — compensation for injurious affection by measuring real loss in damages (applying the principle of equivalence and tort principles); the notional purchase method is not the default and only applies in limited circumstances where it fairly reflects real loss; adoption of the notional tort approach does not infringe Article 105 Basic Law.