CHEUK CHI WAI AND ANOTHER v. HSU MAN NAI AND OTHERS

CHEUK CHI WAI AND ANOTHER v. HSU MAN NAI AND OTHERS

On the pleadings the pleaded facts established continuous nuisance and statutory breaches by the defendants with no defence filed; a mandatory injunction ordering removal of the four unlicensed dogs from House 49 is appropriate to protect the plaintiffs' quiet enjoyment, a perpetual ban would be too wide given Estate Rules permit one licensed dog, and plaintiffs are entitled to damages for loss of amenity and for inconvenience/discomfort, to be assessed; costs follow the event.

Citation
[2023] HKDC 633
Parties
1st Plaintiff: Cheuk Chi Wai; 2nd Plaintiff: Lai Pui Fun Denise; 1st Defendant: Hsu Man Nai; 2nd Defendant: Hu Peng; 3rd Defendant: Yang Bik Fan
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 May 2023
Case Number
DCCJ4864/2022
Procedural Posture
Civil Action / Application for Default Judgment Under RDC Order 19, Rule 7
Outcome
Default judgment entered for plaintiffs
Legal Topics
Nuisance, Noise Control Ordinance, Rabies Regulation, Deed of Mutual Covenant, Estate Rules, Default Judgment, Injunction, Damages for Loss of Amenity, Fouling of Common Areas
Source Language
EN
Tort Property Law Civil Procedure Regulatory/statutory Compliance Nuisance Noise Control Ordinance Rabies Regulation Deed of Mutual Covenant +5 more

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Parties

Cheuk Chi Wai

1st Plaintiff

Lai Pui Fun Denise

2nd Plaintiff

Hsu Man Nai

1st Defendant

Hu Peng

2nd Defendant

Yang Bik Fan

3rd Defendant

Procedural Posture

Civil Action / Application for Default Judgment Under RDC Order 19, Rule 7

Legal Issues

  1. 1 Whether default judgment should be entered against defendants who failed to file a defence
  2. 2 Whether a mandatory injunction ordering removal of dogs is appropriate relief for nuisance and statutory breaches
  3. 3 Whether damages for diminution in property value (loss of amenity) and for inconvenience/discomfort are recoverable

Ratio Decidendi

On the pleadings the pleaded facts established continuous nuisance and statutory breaches by the defendants with no defence filed; a mandatory injunction ordering removal of the four unlicensed dogs from House 49 is appropriate to protect the plaintiffs' quiet enjoyment, a perpetual ban would be too wide given Estate Rules permit one licensed dog, and plaintiffs are entitled to damages for loss of amenity and for inconvenience/discomfort, to be assessed; costs follow the event.

Court Disposition

Default judgment entered for plaintiffs

Orders

  • Defendants shall forthwith remove all four unlicensed dogs from No 49, 6th Street, Section M, Fairview Park (House 49).
  • Judgment entered for plaintiffs for damages for diminution in value/loss of amenity of House 45, to be assessed.