6 Nov 2007
SMART GAIN INVESTMENT LTD v. THE CHIEF EXECUTIVE IN COUNCIL AND ANOTHER
- Citation
- SMART GAIN INVESTMENT LTD v. THE CHIEF EXECUTIVE IN COUNCIL AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL12/2007
The Board's first reason relied on a factual finding that Sites 2, 3 (and 4 except Site1) 'comprise wooded slopes and river valley' which was inadequately explained, made without sufficient inquiry and was materially mistaken in light of further evidence (site visit); that mistake materially affected the Board's reasoning and tainted the CE in Council's approval; accordingly the decisions of the Board and the CE in Council insofar as they relate to Sites 1-3 are quashed and the objections in respect of Sites 1-3 are remitted to the Board for reconsideration.