CLP Power Ltd v Commissioner of Rating and Valuation

Lands Tribunal
Government Rent Appeal No 241 of 2004 and Rating Appeals Nos 365–369 of 2004
Thomas Au J in Chambers
10 September, 4 October 2013

Lands Tribunal — appeal — decision on review superseded original decision

The Lands Tribunal allowed CLP Power’s appeal against the rating assessment of the Commissioner of Rating and Valuation (the “Commissioner”) (the “Decision”). Pending the review hearings of the Decision, CLP sought an extension of time to apply for leave to appeal to the Court of Appeal against the Decision until 28 days after the decision on the reviews to be handed down by the Tribunal. 

Held, dismissing the application, that:

A review decision superseded the original decision. It confirmed the original decision save as to those parts set aside, reversed or varied by the Tribunal. A party could then no longer seek leave to appeal against the original decision or an extension of time for leave to appeal against the original decision. Any appeal could only be directed at errors of law in the review decision, with time to run from the date of that decision.

In appealing against the review decision, the appellant was not limited to only those grounds which had been raised in the review. First, the appeal was against a fresh decision. There was no statutory provision prohibiting a party from raising an error of law on appeal against such decision. Second, although a review could relate to both fact and law; there was no express statutory requirement that parties include points of law, when it might be more appropriate and save time and costs to seek a review of the findings of fact and reserve arguments on law for an appeal. Third, the court was entitled to consider the reasons in both the original and the review decisions; and a party could still challenge errors of law in the original decision which had not been reviewed. 

Accordingly, here, CLP was not entitled to an extension of time to seek leave to appeal against the Decision after the decision on review to be handed down.


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