TAKEARN INVESTMENT LTD v. THE BUILDING AUTHORITY AND ANOTHER

TAKEARN INVESTMENT LTD v. THE BUILDING AUTHORITY AND ANOTHER

The court held the consolidated applications must be dismissed because both the Building Authority and the Appeal Tribunal acted within the statutory discretion conferred by the Buildings Ordinance; no legitimate expectation or estoppel arose that required an inquiry; the Tribunal was entitled to decide matters on the papers and the reasons given were adequate in context; the conduct did not amount to an abuse of power or Wednesbury unreasonableness warranting judicial intervention.

Citation
TAKEARN INVESTMENT LTD 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
HCMP770/1990
Procedural Posture
Judicial Review (leave Application) / Consolidated Hearing and Judgment on Leave Applications (judgment Delivered)
Outcome
All applications for judicial review dismissed.
Legal Topics
Demolition Orders, Appeal Tribunal Procedure, Legitimate Expectation, Wednesbury Unreasonableness, Issue Estoppel, Abuse of Statutory Discretion
Source Language
EN
Building Law (buildings Ordinance Cap.123) Administrative Law Public Law Judicial Review Procedure Demolition Orders Appeal Tribunal Procedure Legitimate Expectation Wednesbury Unreasonableness +2 more

Case Brief

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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 (leave Application) / Consolidated Hearing and Judgment on Leave Applications (judgment Delivered)

Legal Issues

  1. 1 Whether the Appeal Tribunal was wrong to refuse an inquiry and dismiss appeals without a full hearing
  2. 2 Whether the Building Authority lawfully reissued subsequent demolition orders after earlier proceedings
  3. 3 Whether applicants had a legitimate expectation of an oral inquiry or different treatment

Ratio Decidendi

The court held the consolidated applications must be dismissed because both the Building Authority and the Appeal Tribunal acted within the statutory discretion conferred by the Buildings Ordinance; no legitimate expectation or estoppel arose that required an inquiry; the Tribunal was entitled to decide matters on the papers and the reasons given were adequate in context; the conduct did not amount to an abuse of power or Wednesbury unreasonableness warranting judicial intervention.

Court Disposition

All applications for judicial review dismissed.

Orders

  • Applications for judicial review dismissed.
  • Parties to be heard on costs and on orders relating to eight further outstanding applications.