13 Jun 1985
QUEBOSTOCK LTD v. THE BUILDING AUTHORITY AND OTHERS
- Citation
- QUEBOSTOCK LTD v. THE BUILDING AUTHORITY AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP1410/1985
On a contextual construction of Part II (notably sections 23,24 and 24A read together) the court concluded that s.24(1) does not confer a discretion on the Building Authority because it lacks qualifying language such as "in the opinion of"; consequently the Appeal Tribunal under s.43(1) had no jurisdiction to hear the applicant's appeal and the applicant's motion for certiorari, declaration and mandamus was dismissed. The court further held that time specifications in orders in this context are not discretionary where the statutory text and related provisions indicate mandatory prescription.