Comments on the Lands Tribunal (Amendment) Rules
The draft amendments to the Rules appear to be regular. The only proposal the Bar would make is that under the current rule 61 relating to appeals under the Rating Ordinance and the draft rule 78I, the choice open to the respondent is either to (a) file a notice of opposition stating the grounds of opposition and that he wishes to be heard, or (b) not to do anything at all. It is not open to the respondent to file a notice of opposition stating the grounds of opposition but elect not to be heard in the appeal. It may well be that circumstances where the respondent electing to file a notice of opposition and yet does not want to be heard in the appeal must be rare, it is conceivable that there could be cases where the grounds of opposition are so obviously meritorious that there is really no need for the respondent to further elaborate on those grounds. In such cases, the respondent may well elect simply to put forward the grounds and leave the Lands Tribunal to decide on the matter.
However, if one refers to Form 7, it would quite clear that the Form envisages that a respondent may like to oppose the appeal but electing not to attend the appeal.
Thus the Bar suggests that in both rule 68 and the draft 78I, the better from of wordings may be:
"The respondent shall, if he wishes to oppose the appeal, within 21 days of the service on him of a copy of a notice of appeal [under section 26 of the Ordinance]*, file with the Registrar a notice of opposition substantially in accordance with Form 7 stating the grounds of opposing the appeal and that whether he wishes to be hear and shall serve a copy of the notice of opposition on the appellant……"
(* only applicable to the draft rule 78I)
17th December 2001
