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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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| BETWEEN |
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PENNY'S BAY INVESTMENT COMPANY LIMITED |
Applicant |
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and |
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DIRECTOR OF LANDS |
Respondent |
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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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| BETWEEN |
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PENNY'S BAY INVESTMENT COMPANY LIMITED |
Applicant |
| |
and |
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DIRECTOR OF LANDS |
Respondent |
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(Consolidated pursuant to the order of the
Honourable Mr Justice Rogers, Vice President dated 26th June 2007)
Before: Hon Rogers VP, Cheung and Yuen JJA in Court
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.
| (Anthony Rogers) |
(Peter Cheung) |
(Maria Yuen) |
| Vice-President |
Justice of Appeal |
Justice of Appeal |
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
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