25 Apr 2013
LISTER ASSETS LTD AND OTHERS v. THE CHIEF EXECUTIVE IN COUNCIL
- Citation
- LISTER ASSETS LTD AND OTHERS v. THE CHIEF EXECUTIVE IN COUNCIL
- Court
- Court of Appeal
- Case number
- CACV172/2012
The Court dismissed the appeal and refused leave: the Railways Ordinance does not require CEIC to give reasons, the decision was not aberrant nor did it engage fundamental rights such that fairness required reasons or disclosure, the statutory compensation scheme and the open procedural steps taken (panel hearing, expert exchange) sufficed to protect objectors, and BL35 did not create an independent duty to give reasons; accordingly there was no reasonably arguable case for the proposed peripheral challenges and no duty to disclose documents relied upon.