Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Procedural joinder under order 53

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

CACV27/1999

The 1961 communications did not create proprietary or irrevocable rights; residents only held occupation permits terminable under the Resettlement Ordinance and the permits and subsequent government acts were inconsistent with any promise of permanent ownership or indefeasible tenure. Consequently the notices to quit were valid, there was no unconscionable conduct giving rise to proprietary estoppel or a private law right to damages, and the appeals fail.
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

CACV323/1998

The 1961 communications did not create proprietary or irrevocable rights: residents held occupation permits under the Resettlement Ordinance which were terminable and the communications were insufficiently precise or inducive of a belief in ownership; no unconscionable conduct or proprietary estoppel arose that would prevent revocation; therefore the notices to quit were valid and the appellants were not entitled to damages; procedural joinder of later applicants to the judicial review was irregular.