23 Jul 1968
LES SOEURE MISSIONARRIES DE NOTRE-DAME DES ANGES DE LENNOXVILLE A FOREIGN CORPORATION WHICH HAS ESTABLISHED A PLACE OF BUSINESS IN HONG KONG v. ARTHUR SAMY AND OTHERS
- Citation
- LES SOEURE MISSIONARRIES DE NOTRE-DAME DES ANGES DE LENNOXVILLE A FOREIGN CORPORATION WHICH HAS ESTABLISHED A PLACE OF BUSINESS IN HONG KONG v. ARTHUR SAMY AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA671/1966
The court held that (1) a specially appointed referee with technical expertise may properly use his own expert knowledge to assess and determine the technical issues referred to him, provided findings are based on the parties' evidence, and (2) damages for injury to land are assessed by the cost of restoring the land to its pre-damage condition (restitutio in integrum), subject to a requirement that remedial measures and expenses be reasonable and taken on proper advice, with all relevant circumstances considered.