31 May 2022
SUNEVISION HOLDINGS LTD v. HONG KONG SCIENCE AND TECHNOLOGY PARKS CORPORATION
- Citation
- [2022] HKCA 763
- Court
- Court of Appeal
- Case number
- CACV80/2020
The Court of Appeal allowed the appeal: the Corporation's 28 May 2018 decision was founded on an erroneous construction because it failed to consider whether a grantee had retained exclusive control of access (the critical element of the Occupation Restriction) when determining compliance; that misconstruction breached the applicant's legitimate expectation and the Corporation's Tameside duty; the 28 May 2018 decision is quashed and the matter is remitted to the Corporation to reconsider in accordance with the court's construction of the Occupation Restriction.