梁淑微 對 香港房屋委員會 (房屋署)

梁淑微 對 香港房屋委員會 (房屋署)

The appeal is dismissed because the judge correctly exercised her discretion in refusing leave: the tenant's rent arrears were undisputed and lawful contractual and statutory grounds (tenancy clause and s19(1)(b) Housing Ordinance) supported termination; the applicant failed to demonstrate any legal error, material...

Source-derived case information.

Citation
[2024] HKCA 596
Parties
Applicant: 梁淑微; Respondent: 香港房屋委員會 (房屋署)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
10 July 2024
Case Number
CACV284/2023
Procedural Posture
Judicial Review (leave) Appeal / Court of Appeal – Appeal Against Refusal of Leave
Outcome
Appeal dismissed; application to admit new evidence refused; costs awarded to respondent
Legal Topics
Judicial Review Leave, Termination of Tenancy, Public Housing, Admission of Fresh Evidence on Appeal, Costs Assessment
Source Language
ch
Administrative Law Housing Law Civil Procedure Judicial Review Leave Termination of Tenancy Public Housing Admission of Fresh Evidence on Appeal Costs Assessment

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Parties

梁淑微

Applicant

香港房屋委員會 (房屋署)

Respondent

Procedural Posture

Judicial Review (leave) Appeal / Court of Appeal – Appeal Against Refusal of Leave

  1. 1 Whether the High Court judge erred in refusing leave for judicial review
  2. 2 Whether eight post‑hearing complaint emails should be admitted as new evidence on appeal
  3. 3 Whether absence of judge's signature or court seal vitiates the order

Ratio Decidendi

The appeal is dismissed because the judge correctly exercised her discretion in refusing leave: the tenant's rent arrears were undisputed and lawful contractual and statutory grounds (tenancy clause and s19(1)(b) Housing Ordinance) supported termination; the applicant failed to demonstrate any legal error, material misunderstanding of facts or any relevant failure of consideration by the judge; the eight complaint emails do not meet the established criteria for admission as fresh evidence on appeal and would not affect the outcome; allegations about impersonation of the judge and lack of seal are unsupported and do not invalidate the order.

Court Disposition

Appeal dismissed; application to admit new evidence refused; costs awarded to respondent

Orders

  • Appeal dismissed
  • Application to admit eight new complaint emails as fresh evidence refused