Hong Kong Case Law: Decisions & Judgments

Topic

User covenant interpretation

Legal area

Court

16 Oct 2017

DIRECTOR OF LANDS v. PENNY\'S BAY INVESTMENT CO LTD

Citation

DIRECTOR OF LANDS v. PENNY\'S BAY INVESTMENT CO LTD
Court

Court of Final Appeal
Case number

FACV2/2017

The court held that 'godown purposes' in the grant does not extend to mid‑stream/open storage (a godown implies a building) and that for the after valuation the correct hypothesis allows assuming the reclamation was certain to proceed (the after valuation may assume the cause of loss was bound to occur); PBIC's appeal dismissed and Director's appeal allowed.
16 Oct 2017

PENNY\'S BAY INVESTMENT CO LTD v. DIRECTOR OF LANDS

Citation

PENNY\'S BAY INVESTMENT CO LTD v. DIRECTOR OF LANDS
Court

Court of Final Appeal
Case number

FACV1/2017

The Court held that 'godown purposes' in the Grant requires use for a godown (a building) and does not include open mid‑stream storage; and that for the after valuation the correct approach is to assume that, as at the authorisation date, the reclamation (the cause of the loss of marine rights) should be regarded as certain, permitting the after valuation to reflect the market consequences (eg certainty of the CT Scheme and adjusted delay/risk) of that assumption.
16 Oct 2017

DIRECTOR OF LANDS v. PENNY\'S BAY INVESTMENT CO LTD

Citation

DIRECTOR OF LANDS v. PENNY\'S BAY INVESTMENT CO LTD
Court

Court of Final Appeal
Case number

FACV4/2017

The natural meaning of 'godown purposes' in the Grant denotes storage in a godown (ie a building), so 'godown purposes' does not include mid-stream/open storage; and for the after valuation the appropriate hypothesis is to assume that the cause of the loss (the authorised reclamation) was treated as certain to proceed on the valuation date, such that the after valuation may take the market consequences of that assumed reclamation into account (approach b), consistent with the Court of Final Appeal's prior guidance.
16 Oct 2017

DIRECTOR OF LANDS v. PENNY\'S BAY INVESTMENT CO LTD

Citation

DIRECTOR OF LANDS v. PENNY\'S BAY INVESTMENT CO LTD
Court

Court of Final Appeal
Case number

FACV7/2017

The court held that 'godown purposes' in the grant does not extend to open mid-stream storage (a godown implies a building); and for the after valuation under s12 the correct approach is to assume at the valuation date that the reclamation (the cause of loss of marine rights) was certain to proceed, so the Tribunal was entitled to make the after valuation on that basis (approach b).

Hong Kong Case Law

DIRECTOR OF LANDS v. PENNY\'S BAY INVESTMENT CO LTD

PENNY\'S BAY INVESTMENT CO LTD v. DIRECTOR OF LANDS

DIRECTOR OF LANDS v. PENNY\'S BAY INVESTMENT CO LTD

DIRECTOR OF LANDS v. PENNY\'S BAY INVESTMENT CO LTD