24 Dec 2003
TANG YIN KWONG & OTHERS v. THE SECRETARY FOR TRANSPORT
- Citation
- TANG YIN KWONG & OTHERS v. THE SECRETARY FOR TRANSPORT
- Court
- Court of Appeal
- Case number
- CACV2873/2001
The tribunal misinterpreted section 12(c) by requiring an applicant to have applied for a permission or permit before resumption; s12(c) applies to exclude from valuation any element of expectancy or probability of future permissions (hope value) regardless of such application, and therefore comparables embedding development potential must be excluded; the tribunal's award was set aside and the matter remitted for reassessment in light of Yin Shuen and View Point.