Hong Kong Case Law: Decisions & Judgments

Topic

Consolidation vs test appeal

Legal area

Court

3 Dec 2008

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

Citation

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDRA369/2004

Section 11A contemplates a two‑stage review and the decision whether to review must be made within one month and ordinarily with both parties heard; no cogent new grounds were shown (refund risk or new 2008 appeal) to revisit the November 3 case‑management decision to proceed by a single test appeal; accordingly the application for review is refused and the original case‑management order stands.
3 Dec 2008

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

Citation

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDRA366/2004

The Tribunal held that the first-stage decision whether to permit a review is a judicial decision requiring, prima facie, that the respondent be afforded an opportunity to be heard; there were no sufficiently cogent new factors to disturb the Tribunal's 3 November 2008 case management order selecting a single test appeal and staying other appeals, and therefore the application for review was refused.
3 Dec 2008

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

Citation

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION
Court

Lands Tribunal
Case number

LDRA538/1999

The application for review was refused because section 11A requires a two-stage process with the first-stage decision ordinarily requiring hearing of the other party, and the applicant did not establish cogent new reasons (such as unavoidable prejudice from refunds or the new appeal) sufficient to displace the Tribunal's case management discretion to proceed by a single test appeal and maintain stays on other appeals.

Hong Kong Case Law

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION

CLP POWER HONG KONG LTD v. COMMISSIONER OF RATING AND VALUATION