CHOY SOOK YING v. THE BUILDING AUTHORITY AND ANOTHER

CHOY SOOK YING v. THE BUILDING AUTHORITY AND ANOTHER

The court held that on the facts the Appeal Tribunal and Building Authority acted within their statutory discretion under the Buildings Ordinance; no clear promise or estoppel arose to create a legitimate expectation of an inquiry; the Tribunal was entitled to dispose of appeals on the papers and the reasons given were adequate in context, therefore there was no abuse of power or Wednesbury unreasonableness and the judicial review applications failed.

Citation
CHOY SOOK YING 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
HCMP767/1990
Procedural Posture
Application for Leave for Judicial Review / Hearing and Judgment on Grouped Applications
Outcome
All applications for judicial review dismissed
Legal Topics
Demolition Orders, Appeal Tribunal Procedure, Legitimate Expectation, Issue Estoppel, Wednesbury Unreasonableness, Discretionary Powers
Source Language
EN
Administrative Law Public Law Building Regulations Judicial Review Demolition Orders Appeal Tribunal Procedure Legitimate Expectation Issue Estoppel +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

Application for Leave for Judicial Review / Hearing and Judgment on Grouped Applications

Legal Issues

  1. 1 Whether the Appeal Tribunal erred in refusing to hold an inquiry and dismissing appeals summarily
  2. 2 Whether the Building Authority lawfully re-issued demolition orders after prior proceedings
  3. 3 Whether applicants had a legitimate expectation or issue estoppel preventing re-litigation

Ratio Decidendi

The court held that on the facts the Appeal Tribunal and Building Authority acted within their statutory discretion under the Buildings Ordinance; no clear promise or estoppel arose to create a legitimate expectation of an inquiry; the Tribunal was entitled to dispose of appeals on the papers and the reasons given were adequate in context, therefore there was no abuse of power or Wednesbury unreasonableness and the judicial review applications failed.

Court Disposition

All applications for judicial review dismissed

Orders

  • All applications for judicial review dismissed
  • Parties to be heard on costs and on orders concerning eight further outstanding applications