Read the full judgment text of FAMV 54/2009 on BabelCite. This Court of Final Appeal judgment was delivered on 16 April 2010 before Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ.
1. The principal question arising in this appeal concerns the proper approach to assessing compensation on disturbance claims for temporary occupation of an applicant’s land pursuant to the Railways Ordinance (Cap 519). It is of the requisite importance to justify the grant of leave. The question relating to Head E of the claim depends for its resolution on the answer to the principal question and should also be referred to the Court of decision.
Outcome: Leave to appeal granted. Principal question and Head E question referred to the Court of Final Appeal for determination.