A Swire Pacific subsidiary behind a controversial project in Mid-Levels is again seeking a judicial review to quash the Town Planning Board's decision not to ease the height restriction on a plot of land. International Trader wants to build a 54-storey block of flats in Seymour Road on a parcel of land that includes one plot - abutting Castle Steps - which is limited to a 12-storey building. Other plots on the site, involved in the development and owned by the same company, have no height restrictions. The plan for the 'toothpick tower' was turned down by both the planning board and its appeal board. The company won its first victory in 2007, when Mr Justice Andrew Cheung Kui-nung in the Court of First Instance ruled that the appeal board should reverse its decision to block the plan. He ruled that it had considered irrelevant factors, such as traffic and the development's visual impact. Two months ago, the board sought to overturn Mr Justice Cheung's ruling, arguing that it had the statutory power to take those factors into account since they were in the public interest. On Friday, International Trader filed an application in the High Court for a judicial review in a further effort to get the height restriction lifted. Its application said the board did not apply for a stay of execution of Mr Justice Cheung's judgment, and that his findings were not challenged during the appeal heard in December before Mr Justice Frank Stock, Mr Justice Michael Hartmann and Madam Justice Carlye Chu Fun-ling. International Trader's application noted that a portion of Caine Road had been rezoned, changing its height limit. The justification for that rezoning applied equally to the Seymour project, it argued. The rezoned land in Caine Road is located at Leung Fai Terrace, a site abutting a stepped street with no direct vehicular access - which was also the justification behind the zoning restriction along Castle Steps. International Trader also seeks an injunction to restrain the board from submitting the Caine Road amended draft zoning plan to the Chief Executive in Council for approval.