29 Oct 1993
CHAN WEI YIN v. CHEONG SHUN CHIU
- Citation
- CHAN WEI YIN v. CHEONG SHUN CHIU
- Court
- Court of Appeal
- Case number
- CACV67/1993
The District Judge's 'recommendation' to the Housing Authority was ultra vires because the Housing Ordinance vests discretion over tenancies in the Housing Authority and the court has no power to direct termination/regrant; consequently paragraph 1 of the order must be discharged. Further, the maintenance order was unsustainable on the material before the court because the husband's financial position was not adequately explored and he was not cross-examined; adverse inferences drawn by the judge were not justified. The proper remedy is to set aside the impugned orders (paras 1 and 2) and rem…