Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Discretion to grant declarations
  • 23 Jul 1981

    EUROASIA SHIPYARD CO LTD v. ATTORNEY GENERAL

    Citation
    EUROASIA SHIPYARD CO LTD v. ATTORNEY GENERAL
    Court
    Court of First Instance
    Case number
    HCMP181/1980

    The High Court's jurisdiction to entertain declarations in rating matters is not ousted by the creation of the Lands Tribunal, but in the exercise of its discretion the court refused to grant the declarations sought and left the substantive assessment and issues to the Lands Tribunal because of the risk of duplication, the tribunal's specialised role and the practical advantages of a single forum dealing with all related issues.

    • Rateability
    • Definition of tenement
    • Jurisdiction of high court vs lands tribunal
    • Discretion to grant declarations
    • Abuse of process