Penny's Bay Investment Co Ltd v. Director of Lands

CACV 176/2007 AND CACV 177/2007
(Consolidated)

CACV 176/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 176 OF 2007

(ON APPEAL FROM LDMR NO. 23 OF 1999)

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AND

CACV 177/2007

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 177 OF 2007

(ON APPEAL FROM LDMR NO. 1 OF 2005)

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(Consolidated pursuant to the order of the
Honourable Mr Justice Rogers, Vice President dated 26^th June 2007)

Date of Hearing: 8 May 2009

Date of Judgment: 8 May 2009

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J U D G M E N T

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Hon Rogers VP:

1.We consider that this is an appropriate case for leave to appeal to the Court of Final Appeal because it raises issues which this Court has not found easy.  In essence, this Court has come to three different judgments and, in those circumstances, it is undesirable that the Lands Tribunal should be left in too much of a quandary as to how it should proceed.

2.This Court considers that leave should be given under section 22(1)(b), under the ‘or otherwise’ ground, without specifying the particular points of law which can be argued in the court.

Mr Denis Chang SC, Mr Johannes Chan SC and Mr Jeremy S K Chan, instructed by Messrs Wilkinson & Grist, for the Applicant/Respondent

Mr Michael Barnes QC and Mr Valentine Yim, instructed by the Department of Justice, for the Respondent/Applicant