Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Preliminary hearing under s49

Legal area

Court

31 Oct 2024

明高置業有限公司對上訴審裁小組（建築物條例）

Citation

[2024] HKCFI 3065
Court

Court of First Instance
Case number

HCAL533/2024

The applicant failed to discharge the evidential burden of showing good cause for a full hearing; the Appeal Tribunal's assessment of the evidence and its discretionary refusal to order a full hearing were lawful, rational and procedurally fair; accordingly leave for judicial review is refused and the application is dismissed.
29 Jul 2020

MAGIC KEY LTD AND OTHERS v. APPEAL TRIBUNAL (BUILDINGS) AND ANOTHER

Citation

[2020] HKCFI 1716
Court

Court of First Instance
Case number

HCAL1931/2018

The court held the Tribunal did not err in finding no good cause for a full hearing because the evidence did not establish sufficient uniformity to infer the structures were built by the developer or existed before the occupation permit; there was no evidence of BA approval by conduct and no lawful legitimate expectation; Applicants as owners were properly served; leave to apply for judicial review was dismissed.