6 Apr 2000
YING HO CO. LTD. AND OTHERS v. THE SECRETARY FOR JUSTICE
- Citation
- YING HO CO. LTD. AND OTHERS v. THE SECRETARY FOR JUSTICE
- Court
- Court of Appeal
- Case number
- CACV365/1999
The appeal is dismissed: the Court held the trial judge acted within his discretion under Practice Direction 5.7 in settling the issues to be tried; the only preliminary issue to be tried is whether an implied term exists that the Government must not refuse or withhold approvals save on reasonable grounds and, if so, whether reliance on statutory/legislative height restrictions (s.3(1AA) Cap.301) renders a refusal reasonable; it was unnecessary at the interlocutory stage to order disclosure of the Aviation Safety Report or to permit expert aviation evidence, and those matters could be address…