Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Public transport licensing
  • 21 Nov 1977

    NG KEE v. ATTORNEY GENERAL

    Citation
    NG KEE v. ATTORNEY GENERAL
    Court
    Court of Appeal
    Case number
    CACV8/1977

    The Court held that refusal of the declaration solely on the basis of delay simpliciter was an error; delay must be coupled with prejudice or circumstances amounting to laches to justify withholding equitable declaratory relief, and because no prejudice to the respondent was shown and the delay was not pleaded, the declaration should be granted; furthermore a defendant cannot use regulatory changes made after writ to defeat the plaintiff's remedy.