陳銳珍 對 地政總署署長

陳銳珍 對 地政總署署長

Applicants failed to identify any arguable legal error in the Land Tribunal's application of the statutory compensation regime (Lands Resumption Ordinance ss10-12); the Land Development Corporation Ordinance had been repealed and could not support a special allowance; the Tribunal correctly followed binding...

Source-derived case information.

Citation
[2018] HKCA 218
Parties
Applicant: 陳銳珍; Applicant: 李美; Respondent: 地政總署署長(香港特別行政區)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
26 April 2018
Case Number
CAMP5/2018
Procedural Posture
Application for Leave to Appeal to the Court of Appeal / Leave Application Heard; Permission Decision
Outcome
Leave to appeal refused
Legal Topics
Compensation on Resumption, Statutory Interpretation, Jurisdiction, Leave to Appeal, Valuation
Source Language
ch
Land Law Administrative Law Constitutional Law Civil Procedure Compensation on Resumption Statutory Interpretation Jurisdiction Leave to Appeal +1 more

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Parties

陳銳珍

Applicant

李美

Applicant

地政總署署長(香港特別行政區)

Respondent

Procedural Posture

Application for Leave to Appeal to the Court of Appeal / Leave Application Heard; Permission Decision

  1. 1 Whether leave to appeal should be granted to challenge the Land Tribunal's valuation and refusal to award special allowance
  2. 2 Whether the Land Development Corporation Ordinance remains applicable and entitles applicants to a special allowance
  3. 3 Whether the Land Tribunal had jurisdiction to award special allowance under the statutory compensation regime

Ratio Decidendi

Applicants failed to identify any arguable legal error in the Land Tribunal's application of the statutory compensation regime (Lands Resumption Ordinance ss10-12); the Land Development Corporation Ordinance had been repealed and could not support a special allowance; the Tribunal correctly followed binding authorities (Yin Shuen and Chan Kam Chuen); there was no reasonable prospect of success and no other reason to grant leave, so leave to appeal is refused.

Court Disposition

Leave to appeal refused

Orders

  • Leave to appeal refused
  • Order that neither party may seek reconsideration of paragraph 27 of the Court's reasons at an oral hearing between the parties (per High Court Rules Ord.59 r2A(8))