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