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Tenant wins latest round in reit challenge

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Court of Appeal rejects Housing Authority bid to shorten the appeal process

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Link Reit challenger Lo Siu-lan has two more weeks to decide whether to continue her lawsuit after the Court of Appeal rejected a Housing Authority attempt to shorten the appeal process.

Yesterday's ruling by Mr Justice Frank Stock means the existing 42-day stay of proceedings will not be lifted. The stay, triggered by Ms Lo's failed application for legal aid on January 3, expires on February 14. It also extends her appeal deadline to February 24.

The 67-year-old public housing resident can appeal against both the Court of Appeal's decision on December 15 to abridge time and the next day's judicial review ruling. As at least seven days' notice must be given for any appeal, Ms Lo must do so by February 16 and 17.

Ms Lo, who derailed the reit's planned December listing, has indicated she intends to go to the Court of Final Appeal to challenge the lower court's earlier decision to abridge time. A ruling in her favour would support the argument that the judicial review should be reheard at Court of Appeal level, the plaintiff's lawyers added.

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'It's rare for someone to challenge a hearing in the Court of Appeal. Normally, an appeal would be heard by the Court of Final Appeal,' a legal source said.

'If the appeal does drag out for a few years, it would hurt the Housing Authority but not really benefit Ms Lo.'

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