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Hong Kong decisions
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The Court of Appeal refused renewed leave to appeal against refusal of more time to comply with drainage-related injunctions, holding the proposed grounds were not arguable errors of law.
The District Court allowed a water-seepage plaintiff’s expert tests in the defendant’s premises, holding the proposed ponding and pipe tests were reasonable and relevant.
The Lands Tribunal dismissed a compulsory sale application for Provident Villas, finding the applicants had not shown redevelopment was justified by age or state of repair.
The Court of First Instance upheld a preliminary dismissal of an appeal over unauthorized building works, holding the tribunal could focus on approved plans and that no good cause for a full hearing was shown.
The conviction was quashed because the trial judge's acceptance of prosecution expert opinions and wholesale rejection of the authorised person's reports was inadequately reasoned and, on the evidence, the appellant had taken reasonable and active steps (including detailed reports, tendering and seeking neighbour consent) such that a reasonable excuse for non‑compliance existed; acceptance of prosecution experts' proposed remedies was arbitrary given conflicts in the prosecution evidence and practical/legal obstacles (land grant conditions, lack of approved materials), rendering the convictio…
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The Lands Tribunal granted a compulsory sale application for redevelopment, finding the applicant met the ownership threshold, justified redevelopment, and took reasonable acquisition steps.
The court held that omission of the four works from the structural proposal did not establish that the appellants deliberately evaded regulatory oversight; the appellants cooperated with the Building Department and some works were disclosed in the completion report, and two of the works were not pursued by the prosecution at close of case. Consequently the appellants were entitled to both trial and appeal costs. The prosecution's application to remit the case for retrial was refused because the remaining alleged illegal building works were limited in number, not of extreme gravity, and the pr…
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The court refused to strike out a claim for specific performance over a tenancy renewal, holding that disputed contract wording and possible admissible evidence required trial.
The Court of Appeal dismissed a purchaser’s appeal over rescission, holding the vendors had been able to show and give good title after complying with reinstatement requirements.
The court found triable issues over late requisitions on title and the risk of building-enforcement action, so summary judgment was refused. Security for costs was also denied.
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