7 Mar 2013
LONGEST PROFIT (HONG KONG) LTD v. APPEAL TRIBUNAL (BUILDINGS)
- Citation
- LONGEST PROFIT (HONG KONG) LTD v. APPEAL TRIBUNAL (BUILDINGS)
- Court
- Court of First Instance
- Case number
- HCAL14/2012
The Tribunal's dismissal of the appeal at the preliminary hearing was lawful because it reasonably concluded on the evidence before it that the Structure was most likely a new building and that the works were not exempt under s41(3); the Tribunal acted within its discretion in refusing to hear live witness evidence; even if the finding that the Structure was new were wrong, the alternative finding that the works were unauthorized sufficed to dismiss the appeal; the applicant's non-disclosure at the leave stage further undermined the judicial review.