28 Jun 2018
TUNG CHUN CO LTD v. TOWN PLANNING BOARD
- Citation
- [2018] HKCFI 1447
- Court
- Court of First Instance
- Case number
- HCAL9/2013
Court held TPB's Decision was unlawful in part: (1) TPB misstated the legal effect of prior building plan approvals and Practice Note No 3 (error of law) and its unqualified statement was misleading; (2) TPB impermissibly relied on the possibility of minor relaxation as a substantive reason (irrelevant consideration) when rejecting the representation; (3) procedural unfairness arose because two members were absent for parts of the oral hearing with no evidence they were fully apprised before deliberation. Those errors required quashing of the Decision and remittal for fresh consideration. Oth…