17 Mar 2016
HAPPY ENOUGH LTD v. DIRECTOR OF LANDS
- Citation
- HAPPY ENOUGH LTD v. DIRECTOR OF LANDS
- Court
- Lands Tribunal
- Case number
- LDLR5/2012
The Tribunal held that on proper construction of the Government Lease and relevant building statutes shop use was permitted where the building as a whole qualified as "domestic"; alternatively long open shop use and governmental conduct amounted to abandonment/waiver of the restrictive covenant such that s.12(b) LRO did not bar compensation; the applicant failed to prove probable development potential (Siu Sau Kuen limb ii) so residual valuation for development value was rejected; the appropriate valuation by direct comparison for shop use (vacant possession) was HK$10,960,000 (alternative re…