6 Oct 2006
BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION
- Citation
- BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION
- Court
- Court of First Instance
- Case number
- HCAL48/2006
Rent Ordinance s.29 constitutes a self-contained statutory regime governing holding over of government rent pending disputes; the Commissioner did not have a broader residual power under s.46 to withdraw holding over orders at will and such purported withdrawals under s.46 were ultra vires and quashed; cancellations are permissible only under the grounds specified in s.29(5) and are subject to review for irrationality, but the Commissioner acted within his s.29(5) discretion in cancelling orders where abuse of process and unreasonable delay were established on available material.