26 Jun 2009
LINGRADE DEVELOPMENT LTD v. SECRETARY FOR THE ENVIRONMENT, TRANSPORT AND WORKS
- Citation
- LINGRADE DEVELOPMENT LTD v. SECRETARY FOR THE ENVIRONMENT, TRANSPORT AND WORKS
- Court
- Court of Appeal
- Case number
- CACV295/2008
The appeal was allowed because the Lands Tribunal's award in respect of Heads A and E was based on speculative valuation calculations unsupported by primary factual evidence that the respondent had and failed to produce; a claimant bears the burden to prove the quantum of disturbance damages assessed as in tort, and absent such proof the Tribunal should have required production of the respondent's scheme and financing documents or dismissed the claims; accordingly the Tribunal's award was set aside and the matter remitted for fresh determination in accordance with law.