李美 對 地政總署署長

李美 對 地政總署署長

Leave to appeal was refused because applicants failed to identify any error of law in the Lands Tribunal's judgment; compensation is governed by the Lands Resumption Ordinance ss10-12; the Land Development Corporation Ordinance has been repealed and special allowance is not recoverable; the Tribunal correctly...

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
CAMP6/2018
Procedural Posture
Application for Permission to Appeal / Leave Application
Outcome
Leave to appeal refused; costs awarded to respondent
Legal Topics
Compensation, Leave to Appeal, Lands Resumption Ordinance, Statutory Interpretation, Jurisdiction
Source Language
ch
Land Law Compulsory Acquisition Administrative Law Civil Procedure Compensation Leave to Appeal Lands Resumption Ordinance Statutory Interpretation +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 Permission to Appeal / Leave Application

  1. 1 Whether the Lands Tribunal erred in law in calculating compensation under the Lands Resumption Ordinance
  2. 2 Whether the repealed Land Development Corporation Ordinance and any 'special allowance' applied to compensation
  3. 3 Whether the Lands Tribunal had jurisdiction to consider claims based on alleged illegality of resumption or Basic Law art 120

Ratio Decidendi

Leave to appeal was refused because applicants failed to identify any error of law in the Lands Tribunal's judgment; compensation is governed by the Lands Resumption Ordinance ss10-12; the Land Development Corporation Ordinance has been repealed and special allowance is not recoverable; the Tribunal correctly applied the authorities (Yin Shuen and Chan Kam Chuen); the alleged interruption was proper case management; no real prospect of success or other reason to grant leave; costs awarded to respondent.

Court Disposition

Leave to appeal refused; costs awarded to respondent

Orders

  • Leave to appeal refused
  • Order that neither party shall seek reconsideration at an oral hearing of the Court's decision in paragraph 27