Hong Kong Case Law: Decisions & Judgments

Topic

Tribunal discretion

Legal area

Court

3 Nov 2023

STARWICK INVESTMENT LTD AND ANOTHER v. YIP KA YIN AND OTHERS

Citation

[2023] HKLdT 64
Court

Lands Tribunal
Case number

LDCS9000/2021

Tribunal held applicants met statutory criteria in s4(2): building is aged and in poor state of repair under the tenantable standard and applicants took reasonable steps to purchase remaining shares; tribunal rejected existence of a residual discretion to refuse sale beyond the statutory criteria; accordingly order for sale granted and reserve price set at HK$355,000,000.
26 May 2021

LAM AR FU PETER v. BUILDING AUTHORITY

Citation

[2021] HKCA 756
Court

Court of Appeal
Case number

CACV68/2019

The Tribunal lawfully exercised its wide discretion under s51 by treating ‘costs to follow the event’ as a prima facie starting point while considering relevant factors (merits, conduct, repetitiveness, litigant in person status); it did not commit public law errors or act Wednesbury unreasonably, and the judge correctly refused leave to judicially review the Costs Decision, so the appeal is dismissed.
5 May 2005

METHONG PLASTIC (HK) LTD v. LAUREL LTD

Citation

METHONG PLASTIC (HK) LTD v. LAUREL LTD
Court

Lands Tribunal
Case number

LDNT145/2004

Although the Tribunal found on the facts that the respondent did not prove service of CR101 on 11 June 2004 and the notice was one day short, the Tribunal held it has discretion under section 119 (as supported by case law) and pursuant to section 119D(4) to enlarge time or entertain the application notwithstanding the defect, and therefore the former Part IV continues to apply to this tenancy; the Tribunal adjourned the substantive hearing and made directions for exchange of expert reports and no order as to costs under section 117R.
29 Jun 1999

KING\'S FLAIR DEVELOPMENT LTD. v. CHOI LAI CHING

Citation

KING\'S FLAIR DEVELOPMENT LTD. v. CHOI LAI CHING
Court

Court of First Instance
Case number

HCLA37/1999

Leave to appeal was refused because there was no relevant arguable point of law: the Tribunal made a factual finding that the claimant was summarily dismissed and did not waive notice; Section 8A of the Employment Ordinance applied to award damages; the Presiding Officer acted within discretion in proceeding without further enquiries where the employer failed to produce the managing director as a witness.
8 Dec 1997

VERY SOUND INVESTMENTS LTD. v. THE BUILDING APPEAL TRIBUNAL

Citation

VERY SOUND INVESTMENTS LTD. v. THE BUILDING APPEAL TRIBUNAL
Court

Court of First Instance
Case number

HCAL63/1997

The application for judicial review was academic because events after the Tribunal's refusal produced the identical practical outcome sought by the Applicant; accordingly no relief is granted and the court makes no order on the application.
14 Mar 1986

YU HUNG KAR AND OTHERS v. PETER KEE CONSTRUCTION COMPANY

Citation

YU HUNG KAR AND OTHERS v. PETER KEE CONSTRUCTION COMPANY
Court

Court of First Instance
Case number

HCLA38/1985

The Presiding Officer did not commit an error of law; omission of explanatory remarks from the notes does not conclusively prove no explanation was given, s.19 does not prima facie require recording the tribunal's explanations, s.22(2) permits oral reasons, and the tribunal's exercise of discretion in dismissing the review was one a reasonable tribunal could reach; appeal dismissed.
22 Mar 1983

DUNLOP HONG KONG LTD v. STRAWBERRY HILL DEVELOPMENT LTD

Citation

DUNLOP HONG KONG LTD v. STRAWBERRY HILL DEVELOPMENT LTD
Court

Lands Tribunal
Case number

LDLA42/1982

The Tribunal held that Section 119M(4) requires the new rent to be backdated to the expiration of the prior tenancy and that the Tribunal has no discretion to fix a lower interim rent where the only material difference between the tenancies is the rent; accordingly the new rent of $55,000 was payable for the interim period and the review application was dismissed.

Hong Kong Case Law

STARWICK INVESTMENT LTD AND ANOTHER v. YIP KA YIN AND OTHERS

LAM AR FU PETER v. BUILDING AUTHORITY

METHONG PLASTIC (HK) LTD v. LAUREL LTD

KING\'S FLAIR DEVELOPMENT LTD. v. CHOI LAI CHING

VERY SOUND INVESTMENTS LTD. v. THE BUILDING APPEAL TRIBUNAL

YU HUNG KAR AND OTHERS v. PETER KEE CONSTRUCTION COMPANY

DUNLOP HONG KONG LTD v. STRAWBERRY HILL DEVELOPMENT LTD