25 Mar 2026
ANTHONY JOHN STEAINS v. APPEAL TRIBUNAL (BUILDINGS)
- Citation
- [2026] HKCFI 1694
- Court
- Court of First Instance
- Case number
- HCAL2451/2025
The court held the BA's refusal to grant a stay was not a fresh exercise of a statutory discretion appealable under section 44 of the Building Ordinance because it merely sought enforcement of an extant, unappealed demolition order; accordingly the BAT lacked jurisdiction to entertain the challenged appeal and the applicant's grounds of jurisdictional error, procedural impropriety and unreasonableness failed and the judicial review was dismissed.