LO CHAI WAN, suing for and on behalf of members of the TOWN PLANNING BOARD (Appellant) v APPEAL BOARD (1st Respondent)

Read the full judgment text of CACV 000150/1995 on BabelCite. This Court of Appeal judgment was delivered on 6 March 1996 before Power V.-P., Bokhary J.A., Ching J.A..

Civil procedure – Privy Council – leave to appeal – as of right – property value threshold of $500,000 – discretionary leave – great or general public importance – planning permission – certiorari – declarations – Court of Appeal granted conditional leave to appeal to the Privy Council under article 2(a) of the Order in Council on the basis that the appeal involves property of value $500,000 or upwards, and alternatively under article 2(b) on the basis of the 'or otherwise' formula due to the huge sum of money and far-reaching public implications.

Legal issues: Appeal as of right under article 2(a) of the Order in Council · Discretionary leave under article 2(b) of the Order in Council

Outcome: Leave to appeal to the Privy Council granted to Henderson Real Estate Agency Limited (the developers).