1 Dec 2023
DELUXE ASCENT LTD v. THE DIRECTOR OF LANDS
- Citation
- [2023] HKCA 1330
- Court
- Court of Appeal
- Case number
- CACV316/2023
The Court held that the Tribunal erred in law by failing to apply the fact and degree test to the question of abutment and by treating the Government Strip as necessarily preventing abutment; applying the correct principles the Resumed Lots abut Castle Peak Road and thus constitute a class A site under reg 18A BPR, entitling them to the corresponding site coverage; the Tribunal was wrong to find that any right of way was extinguished by the 1984 resumption; the Tribunal also acted unfairly and unlawfully in capping site coverage by reference to marketability without affording the applicant a…