4 Apr 2019
BUILDINGS DEPARTMENT v. TRUELAND DRIVING RANGE LTD
- Citation
- [2019] HKDC 478
- Court
- District Court
- Case number
- DCMP2594/2018
The court found on the evidence (expert report, physical inspection, website letting information and police complaints) that the bus, lounges and offices have the necessary degree of fixation, permanence, size, intended use and provision of services to be "building"/"building works" under s2; the lounges are let and the works fall within "other disposal" and the activities generated complaints amounting to public nuisance under s24B(1)(d); the legitimate expectation defence was inapplicable; accordingly a priority demolition order under s24B was warranted and granted.
- Priority demolition order
- Definition of building/building works
- Letting and other disposal under s24b(1)(b)
- Public nuisance under s24b(1)(d)
- Legitimate expectation