黃崇彰 對 上訴委員會(房屋)及另一人

黃崇彰 對 上訴委員會(房屋)及另一人

The application for leave to appeal to the Court of Final Appeal is refused because the points raised are fact-specific and do not amount to matters of general or public importance under s22(1)(b) Cap 484; the applicant's other submissions do not constitute 'other reasons' warranting certification; costs are awarded...

Source-derived case information.

Citation
[2024] HKCA 439
Parties
Applicant: 黃崇彰; First Suggested Respondent: 上訴委員會(房屋); Second Suggested Respondent: 香港房屋委員會
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
17 May 2024
Case Number
CACV57/2023
Procedural Posture
Civil Appeal / Application for Leave to Appeal to the Court of Final Appeal (s22 Cap 484)
Outcome
application for leave to appeal to the Court of Final Appeal refused; costs awarded to respondent
Legal Topics
Tenancy Termination, Pandemic/isolation, Leave to Appeal, Costs
Source Language
ch
Administrative Law Housing Law Judicial Review Public Law Tenancy Termination Pandemic/isolation Leave to Appeal Costs

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Parties

黃崇彰

Applicant

上訴委員會(房屋)

First Suggested Respondent

香港房屋委員會

Second Suggested Respondent

Procedural Posture

Civil Appeal / Application for Leave to Appeal to the Court of Final Appeal (s22 Cap 484)

Legal Issues

  1. 1 Whether the appeal raises a question of general or public importance to justify leave to the Court of Final Appeal under s22(1)(b) Cap 484
  2. 2 Whether the termination of a public housing tenancy was unreasonable or unlawful
  3. 3 Whether pandemic/isolation circumstances warranted exercise of discretion in favour of the tenant

Ratio Decidendi

The application for leave to appeal to the Court of Final Appeal is refused because the points raised are fact-specific and do not amount to matters of general or public importance under s22(1)(b) Cap 484; the applicant's other submissions do not constitute 'other reasons' warranting certification; costs are awarded to the respondent in the assessed sum of HKD 8,660.

Court Disposition

application for leave to appeal to the Court of Final Appeal refused; costs awarded to respondent

Orders

  • The applicant's motion dated 8 January 2024 is dismissed.
  • The applicant must pay the second suggested respondent HKD 8,660 for the costs of this application; if no party applies to vary within 14 days the order becomes a final costs order.