Hong Kong Case Law: Decisions & Judgments

Topic

Appeal tribunal powers

Legal area

Court

30 Jun 2017

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)

Citation

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of First Instance
Case number

HCAL124/2016

The judicial review succeeds in part: the Tribunal misdirected itself in approach to an appeal under s16(1)(j) by focussing on the BA's reasons and treating the decision as under s16(1)(i); that decision is quashed and the matter remitted to the Tribunal to decide properly whether the further particulars provided were to its satisfaction under s16(1)(j). The court refused to direct that the Opinion was as a matter of law inadequate and declined to order dismissal of the appeal.
7 Aug 2004

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)

Citation

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of First Instance
Case number

HCAL47/2003

The Appeal Tribunal's decision of 13 February 2003 was quashed because it took into account irrelevant considerations and erred in law in allowing the appeal; the Tribunal has power to reverse the Building Authority's decision but must exercise that power lawfully and, on the facts, the only proper conclusion was to confirm the 2002 order; certiorari granted to quash the tribunal decision.
5 Dec 1997

THE BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)

Citation

THE BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
Court

Court of First Instance
Case number

HCAL85/1997

Because the Tribunal exceeded its statutory jurisdiction by making orders affecting persons who had not given notice of appeal and had not been heard, and thereby violated the rules of natural justice, its order varying the Building Authority's 2nd Order was ultra vires and void and must be quashed.

Hong Kong Case Law

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)

BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)

THE BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)