6 Oct 2006
BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION
- Citation
- BEACHSHORE LTD AND OTHERS v. THE COMMISSIONER OF RATING AND VALUATION
- Court
- Court of First Instance
- Case number
- HCAL89/2005
S.29 of the Rent Ordinance creates a self-contained, certain regime governing holding over orders such that the Commissioner did not have a broader power under s.46 of the Interpretation Ordinance to withdraw holding over orders at will; cancellation before final determination is limited to grounds in s.29(5). The Commissioner acted lawfully in cancelling certain orders under s.29(5) for unreasonable delay/abuse of process where his opinion was reasonably open to him; however the Commissioner acted ultra vires in purporting to withdraw existing holding over orders under s.46 in respect of som…