Hong Kong Case Law: Decisions & Judgments

Topic

Damages/compensation

Legal area

Court

27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV327/1998

The 1961 communications did not confer proprietary rights or an irrevocable licence; residents remained licensees under occupation permits terminable on notice; there was no unconscionable conduct giving rise to proprietary estoppel; the Housing Authority's notices to quit were valid; therefore no entitlement to damages flowed from the letters and the appeals must be dismissed.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV319/1998

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

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV341/1998

The 1961 communications did not create proprietary or irrevocable individual rights; occupants remained licencees under occupation permits issued pursuant to the Resettlement Ordinance which were terminable and the 1961 statements were too imprecise and not shown to have induced proprietary‑level expenditure or to have been encouraged in a manner making revocation unconscionable; accordingly notices to quit were valid and applicants were not eligible for damages arising from breach of any such promise.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV330/1998

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.

Hong Kong Case Law

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY