Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Godown use

  • 16 Oct 2017

    DIRECTOR OF LANDS v. PENNY\'S BAY INVESTMENT CO LTD

    Citation
    DIRECTOR OF LANDS v. PENNY\'S BAY INVESTMENT CO LTD
    Court
    Court of Final Appeal
    Case number
    FACV8/2017

    The Court held that 'godown purposes' in the Grant does not extend to open land mid-stream storage (so PBIC's appeal on construction fails) and that for the after valuation the correct approach is to assume, for valuation purposes, that the reclamation which caused loss of marine rights was to be treated as certain to occur (so the Director's appeal on valuation assumption succeeds).

  • 18 Apr 2017

    DIRECTOR OF LANDS v. PENNY’S BAY INVESTMENT CO LTD

    Citation
    DIRECTOR OF LANDS v. PENNY’S BAY INVESTMENT CO LTD
    Court
    Court of Final Appeal
    Case number
    FAMV63/2016

    Leave to appeal was granted only on two discrete questions: (1) PBIL's question on the meaning and scope of 'permitted user' for 'godown purposes' (whether it requires a building); and (2) the Director's question whether the Court of Appeal was correct that the different factual assumptions directed for before and after valuations could not as a matter of law lead to differences in value. All other questions failed the test for leave and were refused, with the Appeal Committee adopting the Court of Appeal's reasoning for those refusals.