4 Sept 2015
BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS) AND ANOTHER
- Citation
- BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS) AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL11/2014
The Court quashed the Tribunal Decision and remitted the appeal because the Tribunal's Classification, Right of Way and Traffic conclusions were tainted by legal error, lack of adequate reasons, unlawful application of legal tests and, in the case of traffic, by exceeding its jurisdiction; the Tribunal also unlawfully limited the Building Authority's discretion by its conditional order. Remittal to a differently constituted Tribunal was required for proper determination with adequate reasons and evidence.