29 Nov 2005
BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
- Citation
- BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
- Court
- Court of First Instance
- Case number
- HCAL3/2005
The judicial review was allowed and the Tribunal's determination was quashed by certiorari because the Tribunal made a material mistake of fact regarding the usable floor area of the storeys above ground (the evidence showed c.270.49 m2 or c.2,434 sq.ft per storey which is below the 2,500 sq.ft threshold) and, in the public law sense, it was irrational for the Tribunal to conclude that Nos.8,10 and 12 did not form a single staircase building within the Enforcement Policy.