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Lingrade Development Ltd v. Secretary for The Environment, Transport and Works

Case No.FAMV 54/2009
Court
Court of Final Appeal
Date16 Apr 2010
JudgeMr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ
Case Document
100%

FAMV No. 54 of 2009

IN THE COURT OF FINAL APPEAL OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

MISCELLANEOUS PROCEEDINGS NO. 54 OF 2009 (CIVIL)

(ON APPLICATION FOR LEAVE TO APPEAL

FROM CACV NO. 295 OF 2008)

_______________________

Between:

  LINGRADE DEVELOPMENT LIMITED Applicant
(Applicant)
  and  
  SECRETARY FOR THE ENVIRONMENT,
TRANSPORT AND WORKS		 Respondent
(Respondent)

_________________________

Appeal Committee: Mr Justice Bokhary PJ, Mr Justice Chan PJ and Mr Justice Ribeiro PJ

Date of Hearing:  16 April 2010

Date of Determination:   16 April 2010        

_________________________

DETERMINATION

_________________________

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.

(Kemal Bokhary) 
Permanent Judge		 (Patrick Chan)
Permanent Judge		 (R A V Ribeiro)
 Permanent Judge

Mr Benjamin Yu, SC & Mr Patrick Chong (instructed by Messers JSM) for the Applicant

Mr Anthony Houghton, SC (instructed by the Department of Justice) for the Respondent