30 Aug 2023
The applicant was in undisputed rent arrears and the lease together with s19(1)(b) of the Housing Ordinance entitled the Housing Authority to terminate the tenancy; the Appeal Committee lawfully exercised its discretion and the applicant failed to demonstrate arguable grounds for judicial review, therefore leave is refused.
7 Oct 2011
The letter could only have created an expectation that the Commissioner would attempt to reduce holiday fare differentials to 20% subject to the outcome of the tender and commercial considerations; it did not create a binding substantive expectation to fix differentials at 20% irrespective of impact on weekday fares. The Commissioner did not unlawfully fetter his discretion and the judicial review challenge therefore fails.
17 Jul 2003
The Court found that there are arguable points of general and public importance concerning the statutory powers to deal with alleged fraud, the procedures to be followed, the standard of satisfaction for decision makers and the standard of judicial intervention, and therefore granted leave to appeal so those issues can be fully ventilated; legal aid is to continue and the respondent retains the right to enter Hong Kong under the extant permission to stay.
27 Sept 1999
The Court held the 1961 communications did not create proprietary or perpetual rights and did not encourage an objectively justified belief of ownership; subsequent occupation permits, terminable on notice, and the imprecision of the statements precluded proprietary estoppel or unconscionability sufficient to bar revocation. Consequently there was no private law basis for damages and no entitlement to relief by way of judicial review beyond that. The appeals were 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 rights or an irrevocable licence; residents remained licensees under occupation permits governed by the Resettlement Ordinance which permitted termination (reasonable/three months' notice); no unconscionable conduct or estoppel arose sufficient to defeat the statutory right to terminate; the notices to quit were valid and there was no basis in private law or judicial review to award damages to the appellants, therefore the appeals were dismissed.
27 Sept 1999
The 1961 communications did not create proprietary rights or an irrevocable licence; residents remained licensees under occupation permits governed by the Resettlement Ordinance and terminable on notice; there was no unconscionable conduct or proprietary estoppel sufficient to bar revocation or to ground damages; the Notices to Quit were valid; therefore appellants had no entitlement to damages and the appeals were dismissed.