Read the full judgment text of FAMV57/2016 on BabelCite. This Court of Final Appeal judgment was delivered on 18 April 2017 before Mr Justice Tang PJ, Mr Justice Fok PJ and Mr Justice Bokhary NPJ.
Civil procedure – leave to appeal – Court of Final Appeal – test of great general or public importance – reasonable arguability – compensation for extinguishment of marine rights – meaning of 'godown purposes' – factual assumptions in valuation – Lands Tribunal award – Court of Appeal judgment – leave granted in part – costs in the appeals – Penny's Bay Investment Co Ltd v Director of Lands (2010) 13 HKCFAR 287 – application for leave to appeal from CACV 13-16, 115-116, 119-120/2015 – PBIL's question on permitted user for godown purposes – Director's question on effect of Court of Final Appeal's directions on before and after valuations – both questions of great general or public importance and reasonably arguable – all other questions failed test – no 'or otherwise' basis – costs of leave applications to be costs in the appeals.
Legal issues: Leave to appeal from Court of Appeal in compensation dispute
Outcome: Leave to appeal granted in part: PBIL granted leave on its question regarding the meaning of 'godown purposes'; Director granted leave on its question regarding the Court of Appeal's holding on factual assumptions; all other proposed questions refused.
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