19 Nov 2018
汪裕祖 對 城市規劃委員會
- Citation
- [2018] HKDC 1433
- Court
- District Court
- Case number
- DCCJ1528/2018
The claim was an abuse of process because it fundamentally challenged the legality of an administrative rezoning decision that should be pursued by judicial review; the pleaded causes of action disclosed no reasonable grounds because no statutory duty or private law duty of care was pleaded or established and planning restrictions do not give rise to compensable deprivation; accordingly the statement of claim must be struck out and the action dismissed.