4. Error of facts
It is now trite that a ground of review can be borne out of a decision made which materially relies on an error of fact. This is to provide an individual with a remedy where it is clear that an error of fact has materially affected a decision or action taken by a public body, leading to an unjust and unfair outcome.
For example, in Smart Gain Investment Ltd v Town Planning Board & Anor HCAL 12/2006 (unrep., 6 November 2007), a finding by the board that the land in question comprised of “wooded slopes and river valley” was found to be plainly wrong on evidence. Since this error led to objective unfairness, the decision was quashed and the case was remitted to the board for reconsideration.
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