Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Lands tribunal discretion

Legal area

Court

2 Mar 2017

FIRST KIND LTD v. WONG SHEK AND OTHERS

Citation

FIRST KIND LTD v. WONG SHEK AND OTHERS
Court

Lands Tribunal
Case number

LDCS15000/2014

Leave to appeal was refused because applicants failed to show a reasonable prospect of success or any other reason in the interests of justice under s.11AA(6); the Tribunal correctly applied the compensation approach to the preliminary issues and its exercise of discretion was not plainly wrong or legally erroneous.
19 Jan 1988

SUM FUK KIN v. TAI TING NGOK

Citation

SUM FUK KIN v. TAI TING NGOK
Court

Court of Appeal
Case number

CACV145/1987

Where a landlord shows a genuine requirement for occupation under s.52(2)(b), the tenant must nonetheless prove on the balance of probabilities that making an order would be manifestly unjust and inequitable; here the tenant established exceptional hardship (inability to care for an infirm mother and likely family disintegration) and the Lands Tribunal correctly refused the order, a decision this court will not disturb.