蔣言勵 v. 上訴委員會 (房屋) AND ANOTHER

蔣言勵 v. 上訴委員會 (房屋) AND ANOTHER

The application for leave to apply for judicial review was dismissed because the Applicant failed to identify reasonably arguable public law grounds with realistic prospects of success; section 19 empowered the Housing Authority to issue the NTQ; the Appeal Panel's procedures and decision had lawful basis and no demonstrated procedural impropriety or Wednesbury unreasonableness.

Citation
[2024] HKCFI 959
Parties
Applicant: Applicant; 1st Putative Respondent: Appeal Panel (Housing); 2nd Putative Respondent: Housing Department; 2nd Putative Interested Party: Kowloon West and Sai Kung District Tenancy Management Office; 1st Interested Party: Cheung Kun Yu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 April 2024
Case Number
HCAL31/2024
Procedural Posture
Judicial Review / Leave Application (decision on Leave)
Outcome
Application for leave to apply for judicial review dismissed
Legal Topics
Termination of Tenancy, Notice to Quit, Procedural Fairness, Judicial Review Leave
Source Language
EN
Public Law Administrative Law Housing Law Termination of Tenancy Notice to Quit Procedural Fairness Judicial Review Leave

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Parties

Applicant

Applicant

Appeal Panel (Housing)

1st Putative Respondent

Housing Department

2nd Putative Respondent

Kowloon West and Sai Kung District Tenancy Management Office

2nd Putative Interested Party

Cheung Kun Yu

1st Interested Party

Procedural Posture

Judicial Review / Leave Application (decision on Leave)

Legal Issues

  1. 1 Whether section 19(1)(b) of the Housing Ordinance was misused to deprive the Applicant or Mr Cheung of tenancy rights
  2. 2 Whether there was procedural impropriety or breach of natural justice at the appeal hearing (eg refusal to obtain former paper records)
  3. 3 Whether alleged negligence or record‑keeping errors (manual/computer) rendered the decision unlawful

Ratio Decidendi

The application for leave to apply for judicial review was dismissed because the Applicant failed to identify reasonably arguable public law grounds with realistic prospects of success; section 19 empowered the Housing Authority to issue the NTQ; the Appeal Panel's procedures and decision had lawful basis and no demonstrated procedural impropriety or Wednesbury unreasonableness.

Court Disposition

Application for leave to apply for judicial review dismissed

Orders

  • Application dismissed
  • No order as to costs