Anderson Asphalt Ltd and Others v. Town Planning Board and Another

Read the full judgment text of HCAL 61/2003 on BabelCite. This High Court CFI judgment was delivered on 1 June 2006.

1. In exercising my discretion as to the costs of this judicial review application, I consider it proper to take into account the observations made by the Court of Appeal in Shiu Wing Steel Ltd v Director of Environmental Protection and Another , CACV 350/2003 (18 March 2005), especially at paragraph 158(1) to (3).

Cites 2 cases

Case No.HCAL 61/2003
Court
High Court CFI
Date01 Jun 2006
Judge
Case Document
100%Judiciary

HCAL 61/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO. 61 OF 2003

____________

BETWEEN

  ANDERSON ASPHALT LIMITED, Applicants
  ASPHALT SURFACES (INT’L) LIMITED,  
  PIONEER ASPHALTS (HONG KONG) LIMITED  
   TARMAC ASPHALT HONG KONG LIMITED  
  and  
  TOWN PLANNING BOARD 1st Respondent
  MAN FAI TAI ENTERPRISE LIMITED
trading as MAN WAH COMPANY
2nd Respondent

____________

Before: Hon Chung J in Chambers

Date of Hearing: 1 June 2006

Date of Decision: 1 June 2006

____________________________

DECISION  ON  COSTS

____________________________

1.In exercising my discretion as to the costs of this judicial review application, I consider it proper to take into account the observations made by the Court of Appeal in Shiu Wing Steel Ltd v Director of Environmental Protection and Another, CACV 350/2003 (18 March 2005), especially at paragraph 158(1) to (3).

2.With those matters in mind, I do not find that this judicial review application was one where there was a separate issue on which the 2nd Respondent was entitled to be heard, or that there was an interest which justifies separate representation.

3.Accordingly, there will be an order in terms of paragraph 1 of the applicants’ summons dated 3 April 2006.

  (Andrew Chung)
Judge of the Court of First Instance
High Court

Mr Anthony Ismail, instructed by Messrs Johnson, Stokes & Master, for the Applicants

Not appearing of Secretary for Justice for the 1st Respondent

Mr Alfred H H Chan, instructed by Messrs Fred Kan & Co., for the 2nd Respondent