SIME DARBY MOTOR SERVICES LIMITED V. DIRECTOR OF LANDS

[2024] HKCFA 26 Court of Final Appeal 19 August 2024 • FAMV71/2024 • 13 min read
4 cases cited (0 SG, 4 foreign)

Practice Areas

Buildings Ordinance Town Planning Ordinance

Judges (3)

Fok Coram Lam Coram Ribeiro Coram

Counsel (7)

Department of Justice Firm Reed Smith Richards Butler LLP Firm Anna Chow Counsel Applicant John Leung Counsel Respondent Justin Lam Counsel Respondent Martin Ho Counsel Applicant Rimsky Yuen Counsel Applicant

Parties (2)

Director of Lands Respondent Sime Darby Motor Services Limited Applicant

Summary

Sime Darby Motor Services Limited appealed against the Director of Lands in a dispute concerning the terms of a government land lease and the proper interpretation of user restrictions. The case raised questions about the proper approach to the construction of government leases. The appeal addressed important questions of land law.

Statutes Cited

Buildings Ordinance (Cap 123)
Town Planning Ordinance (Cap 131)
s 13

Cases Cited (4)

HK (4)
(2020) 23 HKCFAR 447 (2021) 24 HKCFAR 349 [2001] 2 HKLRD 356 [2009] 3 HKLRD 339

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2024] HKCFA 26)