8 Nov 2012
PROFIT SUCCESS DEVELOPMENT LTD v. APPEAL TRIBUNAL (BUILDINGS) AND ANOTHER
- Citation
- PROFIT SUCCESS DEVELOPMENT LTD v. APPEAL TRIBUNAL (BUILDINGS) AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL94/2011
Court allowed judicial review in part: it quashed the Tribunal's Decision because the Tribunal failed to give adequate reasons explaining how the multi-factor analysis led it to conclude the two Structures were "building works" rather than plant/machinery, and remitted the appeal to the Tribunal to reconsider that issue; the court also quashed the Decision to allow the Tribunal to determine, on evidence, whether the necessary approval and consent under s14(1) of the Buildings Ordinance had been given at the time the s24(1) Order was issued; other grounds (misreading Morrison, alleged factual…