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The court dismissed judicial review of a tribunal decision upholding a substituted demolition order, rejecting functus officio, res judicata, and costs challenges.
In a personal injury claim over a slip on a staircase, the District Court found the plaintiff failed to prove negligence or breach of duty and dismissed the claim.
The Court of First Instance refused to summarily decide an adverse possession issue under Order 14A, holding the alleged illegality and fire-safety breach required a full trial.
The court refused the s.32 certificate because the applicants' grounds were factual disputes already adjudicated and did not raise points of law of great and general importance; the amendment to the summons did not produce unfairness; the delayed application lacked justification; accordingly no basis existed to certify an appeal to the Court of Final Appeal.
Source excerpt
The Court of Appeal dismissed Blendoran Limited’s appeal against a demolition order for roof structures, holding that the Tribunal’s findings of unauthorised works disclosed no legal error.
The Court of First Instance dismissed leave for judicial review of a BAT decision, finding no arguable unfairness, policy breach, or cross-examination denial.
The sentence is appropriate and not disproportionate: legislative intent to enhance deterrence, the appellant's repeated breach and prolonged non‑compliance (321 days), and the failure after an earlier lenient sentence justified an increased one‑off fine of $30,000 and daily fine of $100; credit for guilty plea was given but did not render the sentence excessive.
Source excerpt
The District Court held that the purchaser’s requisition was precise enough, the vendor failed to prove good title, and the buyer was entitled to rescind and recover the deposit.
The court granted leave for disclosure of expert reports to government authorities, finding cogent and persuasive reasons grounded in public safety and public interest.
The Lands Tribunal held the applicant was entitled to compensation for resumed shop premises and fixed market value at HK$97,356,000 after reconciling valuation methods.
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