31 Jul 2013
SIU SAU KUEN v. THE DIRECTOR OF LANDS
- Citation
- SIU SAU KUEN v. THE DIRECTOR OF LANDS
- Court
- Court of Appeal
- Case number
- CACV180/2012
The Court of Appeal upheld the Tribunal's approach: development value is recoverable only where the claimant proves on the balance of probabilities that redevelopment was likely as at the date of resumption (established by proposals or credible evidence of nearby redevelopment supporting a viable merger within a reasonably foreseeable timescale); the applicant failed to discharge that burden and the alleged sterilisation by the 1997 LDC plan was speculative and procedurally defective, so the Tribunal's valuation and award stand; appeal dismissed.