8 Mar 2024
SIME DARBY MOTOR SERVICES LTD v. DIRECTOR OF LANDS
- Citation
- [2024] HKCA 207
- Court
- Court of Appeal
- Case number
- CACV408/2022
The Court of Appeal held the Decision refusing the in-situ land exchange was not amenable to judicial review because it was an exercise of the Government's rights as landowner/landlord within a contractual context and lacked a sufficient public element; it found the VE Guideline (Technical Circular No.620C) existed but that even if reviewable the Decision was not Wednesbury unreasonable, the guideline did not amount to unlawful fettering and no legitimate expectation arose from the zoning, and accordingly allowed the appeal and dismissed the judicial review claim.