31 Jan 2013
HAPPY DRAGON RESTAURANT LTD v. DIRECTOR OF LANDS
- Citation
- HAPPY DRAGON RESTAURANT LTD v. DIRECTOR OF LANDS
- Court
- Court of Appeal
- Case number
- CACV115/2012
The Court held that the post-amendment wording of s.17 of the LRO gives the Lands Tribunal a wider, unfettered discretion subject only to a statutory minimum rate; the Shun Fung construction of the pre-amendment 'having regard to' language does not apply to the post-amendment provision, and the Tribunal erred in relying on Shun Fung; the matter is remitted to the Tribunal to reconsider the rate of interest without the Shun Fung constraint.