14 Sept 2022
SIME DARBY MOTOR SERVICES LTD v. DIRECTOR OF LANDS
- Citation
- [2022] HKCFI 2809
- Court
- Court of First Instance
- Case number
- HCAL933/2020
The Decision refusing to process the land exchange application was amenable to judicial review; the respondent failed to produce cogent evidence of a lawful and consistently applied VEB internal policy and, even if such guideline existed, its application to the Subject Lots was irrational and applied inflexibly, resulting in unlawful fettering of discretion and frustration of the applicant's substantive and procedural legitimate expectations; the Decision was quashed and the application remitted for reconsideration.