Ronald Liang v. Appeal Tribunal (Buildings)

CACV 252/2008

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 252 OF 2008

(ON APPEAL FROM HCAL NO. 67 OF 2008)

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BETWEEN

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Before: Hon Rogers VP and Le Pichon JA in Court

Dates of Hearing: 21 and 22 January 2009

Date of Judgment: 22 January 2009

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J U D G M E N T

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Hon Rogers VP:

1.This is an appeal from a decision of Reyes J given on 21 August this year whereby he refused an application for leave to apply for judicial review of a decision of the Appeal Tribunal (Buildings) which had been given on 10 April 2008.

2.When the matter was argued in this court there was discussion as to the issues which arose on this application.  As a result of the discussion in this court it became clear that the original application involved a number of issues.  An amended Notice of Application for Leave to Apply for Judicial Review has been presented to this court.

3.We consider that the issues which have been raised are issues which should be decided.  They arise out of the original application.  Even were it to be argued that the issues which are raised now on the Amended Notice of Application for Leave did not arise out of the original application, with which I do not agree, nevertheless I consider that this is a case where an extension of time should be granted so that the application could be made.

4.Therefore, I consider that this appeal should be allowed and the application for judicial review go ahead in the normal way.

Hon Le Pichon JA:

5.I agree.

Mr Johnny Mok SC, instructed by Messrs Lo & Lo, for the Applicant/Appellant