6 Oct 2022
BUILDING AUTHORITY v. APPEAL TRIBUNAL (BUILDINGS)
- Citation
- [2022] HKCFI 3054
- Court
- Court of First Instance
- Case number
- HCAL856/2021
The Appeal Tribunal erred in law and acted irrationally by setting aside the building orders on the basis of three considerations that were legally irrelevant or unsupported by evidence; s.14's prior approval requirement is substantive and not merely procedural, BA's discretion under s.24 is limited and must be exercised to protect public safety and compliance with statutory approval processes; accordingly the Determination was quashed and the appeals remitted for reconsideration.