4 Oct 2007
The 1977 gift by the beneficiary to the trustee merged the legal and beneficial titles in Chim Tsang-shi, thereby terminating the prior trust; consequently no vesting order was necessary and the applicant's application was dismissed.
27 Sept 1999
The 1961 communications did not create proprietary or irrevocable rights; residents were licensees/permittees under the Resettlement Ordinance with licences terminable on notice; there was no unconscionable conduct or sufficient elements of proprietary estoppel to preclude revocation; the Notices to Quit were valid; consequently no entitlement to judicial‑review damages arose and the appeals are dismissed.
27 Sept 1999
The 1961 communications, read in context and against subsequently issued occupation permits under the Resettlement Ordinance, did not create proprietary rights or an irrevocable licence; the permits and statutory framework permitted termination and redevelopment; applicants were therefore not entitled to damages on proprietary estoppel or abuse‑of‑power grounds and the appeals must be dismissed.
27 Sept 1999
The 1961 communications did not create proprietary rights or an irrevocable licence; residents remained permittees under the Resettlement Ordinance and their permits were lawfully revocable on notice; there was no unconscionable encouragement by the Government sufficient to found proprietary estoppel or a private law claim for damages, hence no entitlement to damages in these judicial review proceedings and the appeals are dismissed.
27 Sept 1999
The 1961 communications did not create proprietary rights or an irrevocable licence; residents remained licensees under the Resettlement Ordinance and occupation permits terminable on notice; the notices to quit were valid; there was no private law basis for damages in these judicial review proceedings and the consolidated appeals fail.
27 Sept 1999
The 1961 communications did not create proprietary rights or an irrevocable licence; residents remained licencees under occupation permits governed by the Resettlement Ordinance which were terminable on notice; there was no unconscionable inducement sufficient to ground proprietary estoppel preventing revocation nor to sustain damages via judicial review; accordingly applicants had no entitlement to the monetary relief sought and the appeals are dismissed.
27 Sept 1999
The 1961 communications did not create proprietary or irrevocable rights: residents remained licence/permit-holders under the Resettlement Ordinance and occupation permits (terminable on notice); proprietary/promissory estoppel was not established because the necessary elements of induced belief, detrimental expenditure founded on that belief and unconscionable conduct by the Government were not made out; the Notices to Quit were valid and there was no lawful basis in private law or judicial review to award damages to the appellants; the appeals are therefore dismissed.
27 Sept 1999
The 1961 communications did not and could not create proprietary rights or an irrevocable licence; residents held occupation permits terminable under the Resettlement Ordinance and no unconscionable conduct occurred to give rise to proprietary estoppel or entitlement to damages; the notices to quit were valid; therefore the appellants had no entitlement to damages and the appeals were dismissed.
27 Sept 1999
The 1961 communications did not create proprietary rights or an irrevocable licence; residents remained licencees under occupation permits terminable in accordance with statute and permit terms, and no proprietary estoppel or unconscionability arose that would prevent revocation or justify damages; accordingly the appeals fail and the judges award-based approach was legally unsound.
27 Sept 1999
The 1961 communications did not create proprietary or irrevocable rights; residents held terminable occupation permits under the Resettlement Ordinance and there was no unconscionable inducement to support proprietary estoppel. Therefore the Housing Authority lawfully issued notices to quit and the appellants had no entitlement to damages; the appeals are dismissed.