RE ATTORNEY GENERAL

RE ATTORNEY GENERAL

The Board exceeded its jurisdiction by awarding compensation for buildings erected in breach of the express covenants of the Crown lease because s.12(b) Cap.124 precludes compensation for use not in accordance with the lease; there was insufficient evidence to infer an implied licence, waiver or estoppel by the Crown (payment of rates/taxes and long user did not suffice), and the Board erred in law on the face of the record; consequently its determination (except as to costs) was quashed and the matter remitted for reassessment under the correct legal test.

Citation
RE ATTORNEY GENERAL
Parties
Applicant/crown: Attorney General of Hong Kong; Decision Maker/respondent: Compensation Board appointed under Crown Lands Resumption Ordinance; Respondent/claimant: Madam Tseng Yuen Han
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 August 1971
Case Number
HCMP104/1971
Procedural Posture
Application for Certiorari (judicial Review) / Full Court Judgment; Order of Certiorari Granted and Matter Remitted to Compensation Board for Reassessment
Outcome
Order of certiorari granted quashing the Compensation Board's determination except insofar as it related to the award of costs; matter remitted to the Board for reassessment of compensation in light of the judgment
Legal Topics
Compensation on Resumption, Crown Lease Covenants, Implied Licence, Waiver and Acquiescence, Estoppel by Conduct, Jurisdiction of Statutory Tribunals, Error on the Face of the Record
Source Language
EN
Land Law Administrative Law Statutory Interpretation Equity and Estoppel Public Law Compulsory Acquisition/compensation Compensation on Resumption Crown Lease Covenants +5 more

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Parties

Attorney General of Hong Kong

Applicant/crown

Compensation Board appointed under Crown Lands Resumption Ordinance

Decision Maker/respondent

Madam Tseng Yuen Han

Respondent/claimant

Procedural Posture

Application for Certiorari (judicial Review) / Full Court Judgment; Order of Certiorari Granted and Matter Remitted to Compensation Board for Reassessment

Legal Issues

  1. 1 Whether Compensation Board had jurisdiction to award compensation for buildings erected in breach of Crown lease covenants
  2. 2 Whether the Crown had waived the covenant or granted an implied licence or was estopped from denying licence
  3. 3 Whether payment of rates and property tax or long user establishes entitlement to compensation

Ratio Decidendi

The Board exceeded its jurisdiction by awarding compensation for buildings erected in breach of the express covenants of the Crown lease because s.12(b) Cap.124 precludes compensation for use not in accordance with the lease; there was insufficient evidence to infer an implied licence, waiver or estoppel by the Crown (payment of rates/taxes and long user did not suffice), and the Board erred in law on the face of the record; consequently its determination (except as to costs) was quashed and the matter remitted for reassessment under the correct legal test.

Court Disposition

Order of certiorari granted quashing the Compensation Board's determination except insofar as it related to the award of costs; matter remitted to the Board for reassessment of compensation in light of the judgment

Orders

  • Order of certiorari quashing the Compensation Board's determination except insofar as it relates to the award of costs
  • Remit matter to the Compensation Board for reassessment of compensation in accordance with the Crown Lands Resumption Ordinance and this judgment