Allied Group Ltd. and Others v. The Attorney General and Another

Allied Group Ltd. and Others v. The Attorney General and Another

On the evidence before the court the applicants failed to establish a prima facie case of actual or apparent bias or ultra vires conduct by the Financial Secretary or the Inspector; the Inspector's appointment was intra vires and there was no evidence the Steering Group had influenced the Inspector's conclusions...

Source-derived case information.

Citation
Allied Group Ltd. and Others v. The Attorney General and Another
Parties
1st Applicant: Allied Group Limited; 2nd Applicant: Allied Properties (HK) Limited; 3rd Applicant: LEE Ming-tee; 1st Respondent: The Attorney General; 2nd Respondent: Nicholas Allen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 June 1993
Case Number
HCMP1291/1993
Procedural Posture
Judicial Review / Application for Leave to Apply for Judicial Review (leave Refused)
Outcome
Leave to apply for judicial review refused
Legal Topics
Inspector Appointment Under Companies Ordinance, Steering Group Oversight, Appearance of Bias, Ultra Vires, Delay and Promptness, Discovery in Judicial Review
Source Language
en
Administrative Law Company Law Judicial Review Public Law Procedural Law Inspector Appointment Under Companies Ordinance Steering Group Oversight Appearance of Bias +3 more

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Parties

Allied Group Limited

1st Applicant

Allied Properties (HK) Limited

2nd Applicant

LEE Ming-tee

3rd Applicant

The Attorney General

1st Respondent

Nicholas Allen

2nd Respondent

Procedural Posture

Judicial Review / Application for Leave to Apply for Judicial Review (leave Refused)

Legal Issues

  1. 1 Whether the Financial Secretary's appointment of an inspector under s.143 Companies Ordinance was intra vires
  2. 2 Whether the establishment and role of the Steering Group was ultra vires or created an appearance of bias affecting the Inspector's independence
  3. 3 Whether there was sufficient delay to bar the application

Ratio Decidendi

On the evidence before the court the applicants failed to establish a prima facie case of actual or apparent bias or ultra vires conduct by the Financial Secretary or the Inspector; the Inspector's appointment was intra vires and there was no evidence the Steering Group had influenced the Inspector's conclusions beyond administrative matters; accordingly leave to apply for judicial review is refused.

Court Disposition

Leave to apply for judicial review refused

Orders

  • Leave to apply for judicial review refused in respect of both impugned decisions
  • Applicants ordered to pay respondents' costs with a certificate for two counsel (including taking of judgment)