21 Oct 2022
LEADING WELL LTD v. SECRETARY FOR JUSTICE (on behalf of the Director of Lands)
- Citation
- [2022] HKCFI 3246
- Court
- Court of First Instance
- Case number
- HCA1266/2019
Plaintiff failed to prove the existence of any specific instrument by or by virtue of which an express right of way over Shatin Heights Road was granted; the New Grant contained no such grant, any site plans were not attached or were equivocal, permits and approvals related only to construction and did not constitute grants, clause 2 of Schedule B did not itself create the specific easement claimed, and the doctrine of lost modern grant cannot be used to manufacture an express grant under an instrument; accordingly the claim was dismissed.