31 Aug 2007
FAIRLAND OVERSEAS DEVELOPMENT v. SECRETARY FOR JUSTICE
- Citation
- FAIRLAND OVERSEAS DEVELOPMENT v. SECRETARY FOR JUSTICE
- Court
- Court of First Instance
- Case number
- HCA2154/2005
The purported contract was unenforceable because it would have the effect of transferring and permanently constraining the Commissioner for Transport's statutory discretion to erect, revoke or alter traffic signs under the Road Traffic Ordinance and Regulations; such a contractual abdication of public powers is ultra vires and void, so plaintiff's contractual claims (including specific performance) must be dismissed.