30 Mar 2010
HAPPY DRAGON RESTAURANT LTD v. THE DIRECTOR OF LANDS
- Citation
- HAPPY DRAGON RESTAURANT LTD v. THE DIRECTOR OF LANDS
- Court
- Court of Appeal
- Case number
- CACV201/2009
The Tribunal erred as a matter of law and fact in rejecting the disturbance claim and in finding the applicant had the financial means and opportunity to relocate; disturbance losses for actual loss of fittings and non‑transferable licences are compensable notwithstanding non‑relocation; on the evidence a 10% per annum depreciation rate applied to fittings; on the evidence the Tribunal's conclusions that bridging finance or additional provisional compensation would have been available were unsupported and thus the extinguishment claim cannot be rejected on that basis—liability for extinguishm…