12 Aug 2011
HONG KONG BROADBAND NETWORK LTD v. THE DIRECTOR OF HIGHWAYS AND ANOTHER
- Citation
- HONG KONG BROADBAND NETWORK LTD v. THE DIRECTOR OF HIGHWAYS AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL58/2010
Condition 13 does not require the licensee to obtain the prior satisfaction or prior consent of the Director of Highways as to alignment and disposition before installation; the Respondents took irrelevant considerations (including alleged inappropriate use of the SWP and reliance on absence of prior consent) which materially influenced the Relevant Decisions; the decisions requiring indiscriminate removal of all poles without reasons were Wednesbury unreasonable; therefore the Relevant Decisions are quashed.