7 May 2008
RANK PROFIT INDUSTRIES LTD v. SECRETARY FOR JUSTICE
- Citation
- RANK PROFIT INDUSTRIES LTD v. SECRETARY FOR JUSTICE
- Court
- Court of Appeal
- Case number
- CACV125/2007
The pleaded implied term that the Government would preserve the KBIA land use pattern for the 50-year term so as to secure the viability of the plaintiff's public car park was not a term that could be necessarily implied from the facts; planning and rezoning actions by public authorities in discharge of public duties cannot be fettered by such an implied obligation, the estoppel plea was inadequately pleaded and unarguable, and express contract disclaimers (GC5) further precluded the implication; accordingly the strike-out of the claim was justified and the appeal was dismissed.