25 Aug 2008
SUN HONEST DEVELOPMENT LTD v. APPEAL TRIBUNAL (BUILDINGS
- Citation
- SUN HONEST DEVELOPMENT LTD v. APPEAL TRIBUNAL (BUILDINGS
- Court
- Court of Appeal
- Case number
- CACV300/2007
The Court dismissed the appeals: (1) section 16(1)(h) was lawfully applied because traffic dangers at the Tai Hang Road junction were properly within the scope of the subsection where those dangers are sufficiently proximate to the proposed access and would be exacerbated by the scale of the redevelopments; (2) the Building Authority was not obliged to follow the earlier No.6 decision because that decision was a mistake and the scale and consequences of the present proposals materially differ; and (3) a right of way by prescription (lost modern grant) can be established between leaseholders i…