YIP WAI LING AND ANOTHER v. THE BUILDING AUTHORITY AND ANOTHER

YIP WAI LING AND ANOTHER v. THE BUILDING AUTHORITY AND ANOTHER

The court held the Appeal Tribunal and Building Authority acted within their statutory discretions under the Buildings Ordinance; no binding estoppel or legitimate expectation obliged a full inquiry; the Tribunal was entitled to determine appeals on the papers and provided adequate reasons in the context; the conduct did not amount to unlawful, Wednesbury unreasonable, or abusive exercise of power, therefore the applications for judicial review fail.

Citation
YIP WAI LING AND ANOTHER v. THE BUILDING AUTHORITY AND ANOTHER
Parties
Applicant: Tsui Tim Sang; Applicant: Hui Sau Chun; Applicant: Cheung Ying Kow; Applicant: Choy Sook Ying; Applicant: Mok Sai Chow; Applicant: Yip Wai Ling; Applicant: Lai Shing Kok; Applicant: Takearn Investment Limited; Applicant: Cheung Sau Kuen; 1st Respondent: The Building Authority; 2nd Respondent: The Appeal Tribunal
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 December 1990
Case Number
HCMP769/1990
Procedural Posture
Judicial Review / Judgment Delivered 18 December 1990
Outcome
All applications for judicial review dismissed
Legal Topics
Demolition Orders, Appeal Tribunal Procedure, Estoppel, Legitimate Expectation, Wednesbury Unreasonableness, Procedural Fairness, Statutory Discretion
Source Language
EN
Administrative Law Buildings Law Judicial Review Demolition Orders Appeal Tribunal Procedure Estoppel Legitimate Expectation Wednesbury Unreasonableness +2 more

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Parties

Tsui Tim Sang

Applicant

Hui Sau Chun

Applicant

Cheung Ying Kow

Applicant

Choy Sook Ying

Applicant

Mok Sai Chow

Applicant

Yip Wai Ling

Applicant

Lai Shing Kok

Applicant

Takearn Investment Limited

Applicant

Cheung Sau Kuen

Applicant

The Building Authority

1st Respondent

The Appeal Tribunal

2nd Respondent

Procedural Posture

Judicial Review / Judgment Delivered 18 December 1990

Legal Issues

  1. 1 Whether the Appeal Tribunal erred in refusing to hold an inquiry and dismissing appeals on the papers
  2. 2 Whether the Building Authority could reissue Demolition Orders after earlier proceedings
  3. 3 Whether issue estoppel or legitimate expectation precluded the Building Authority from reissuing orders

Ratio Decidendi

The court held the Appeal Tribunal and Building Authority acted within their statutory discretions under the Buildings Ordinance; no binding estoppel or legitimate expectation obliged a full inquiry; the Tribunal was entitled to determine appeals on the papers and provided adequate reasons in the context; the conduct did not amount to unlawful, Wednesbury unreasonable, or abusive exercise of power, therefore the applications for judicial review fail.

Court Disposition

All applications for judicial review dismissed

Orders

  • Applications dismissed
  • Hearing to be convened to determine costs