23 Sept 2004
YING HO CO LTD AND OTHERS v. THE SECRETARY FOR JUSTICE
- Citation
- YING HO CO LTD AND OTHERS v. THE SECRETARY FOR JUSTICE
- Court
- Court of Final Appeal
- Case number
- FACV17/2003
The Court held the Director had power under the DDH clause to withhold approval on aviation‑safety height grounds provided no derogation from the grant resulted; the only implied contractual term was that the building covenant period would be extended if the Government culpably delayed or unduly delayed processing so as to prevent completion; on the facts the courts below correctly found Government did not cause such delay up to April 1996; accordingly Government was entitled to retain its remedies and the appeal is dismissed, with the issue of reimbursement of amounts paid under protest left…