Read the full judgment text of CACV 002747/2001 on BabelCite. This Court of Appeal judgment was delivered on 25 September 2003 before Hon Rogers VP, Hon Le Pichon JA and Hon Cheung JA.
Civil appeal – lands compensation – resumption of land under Railways Ordinance (Cap. 519) – Lands Tribunal Ordinance (Cap. 17) s.11(2) – whether appeal raises a point of law – 'total extinguishment' basis for compensation – duty of affected person to act reasonably in seeking alternative accommodation – applicant was sole proprietor of Dragon Trading Company selling motor vehicle parts on resumed land in Kam Tin – business ceased on 31 March 1999 – applicant had financial resources to relocate – brother Fung Tin Yeung and former employee Leung Tit Kwan set up Dragon Motor Company almost immediately afterwards in same area, using same stock, supplier, employees and broadly same operations – applicant contended he could not find suitable alternative site – court held Tribunal's findings of fact were supported by ample evidence and raised no error of law – applicant's agent Fung Tin Yeung found to be untruthful witness whose lack of genuine search was attributable to applicant – business ceased not because of resumption but because of applicant's own decision – appeal dismissed with costs to respondent.
Legal issues: Whether the appeal raises a point of law under s.11(2) Lands Tribunal Ordinance · Whether 'total extinguishment' basis of compensation made out on the facts
Outcome: Appeal dismissed with costs to the Respondent.
Cited by 2 cases · Cites 1 case