9 May 2013
ORIENTAL GENERATION LTD v. TOWN PLANNING BOARD
- Citation
- ORIENTAL GENERATION LTD v. TOWN PLANNING BOARD
- Court
- Court of Appeal
- Case number
- CACV127/2012
The Court held that the three Ladd v Marshall conditions were satisfied and, having regard to the public interest and exceptional circumstances, exercised its discretion to admit the affidavits of Wong Yuen Sheung Ophelia, Yue Chi Kin and Professor Bernard Lim on appeal so that the Board could demonstrate that the extra GFA from EVA and road setback could be accommodated under a BHR of 130 mPD and thus that its decision was not arbitrary.