5 Mar 2020
THE DAIRY FARM COMPANY, LIMITED v. SECRETARY FOR JUSTICE for and on behalf of THE DIRECTOR OF LANDS
- Citation
- [2020] HKCFI 306
- Court
- Court of First Instance
- Case number
- HCMP2423/2017
SC20 of the Land Grant, construed in its textual and factual matrix and having regard to associated maintenance obligations and surrounding development plans, conferred a general right of way from Pokfulam Road to the Lot including vehicular access; the Government had no contractual discretion to refuse to grant such a VROW; the Government's refusal constituted breach of the Land Grant and derogation from grant; equitable defences of laches or acquiescence do not bar relief in the absence of demonstrated prejudice; relief in the form of declarations and a mandatory order to grant the Right of…