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, Mr Justice Bokhary NPJ.
Civil procedure – leave to appeal – test of great general or public importance – marine rights extinguished – compensation claim – meaning of 'godown purposes' – factual assumptions for before and after valuations – Court of Final Appeal – The applicants sought leave to appeal against the Court of Appeal's decision on compensation for extinguished marine rights. The Appeal Committee held that with two exceptions, no proposed question satisfied the test of being involved, of great general or public importance, and reasonably arguable. Leave was granted to PBIL on the question of the meaning and scope of 'godown purposes', and to the Director on the question of whether the Court of Appeal correctly held that most factual assumptions could not lead to differences in valuations. Costs were ordered to be costs in the appeals.
Legal issues: Leave to appeal – test of great general or public importance
Outcome: Leave to appeal granted on two specific questions; leave refused on all other questions raised by both parties.
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