LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND ANOTHER

LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND ANOTHER

Leave to appeal was refused because there was no reasonable prospect of success; the judge was right to find a serious issue to be tried that the plaintiffs suffered particular, substantial and direct damage and to continue interlocutory injunctions after weighing s21L discretionary factors (serious question,...

Source-derived case information.

Citation
LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND ANOTHER
Parties
Plaintiff (on Behalf of Hong Kong Taxi Association): Lai Hoi Ping; Plaintiff (on Behalf of Taxi Drivers and Operators Association): Tam Chun Hung; Defendant (protesters): Persons occupying portions of Nathan Road near to and between Argyle Street and Dundas Street; Defendant (2nd Defendant): Ng Ting Pong; Defendant (3rd Defendant): Fok Wai Pong Dominic (Dominic Fok); Defendant (4th Defendant): Chen Raymond
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 November 2014
Case Number
HCMP2975/2014
Procedural Posture
Public Nuisance; Interlocutory Injunctions / Applications for Leave to Appeal Against Continuation of Interlocutory Injunctions and Ancillary Applications for Stay of Execution
Outcome
Applications for leave to appeal dismissed; ancillary applications for stay of execution dismissed
Legal Topics
Public Nuisance, Interlocutory Injunction, Standing to Sue, Particular Substantial and Direct Damage, Balance of Convenience, Service by Substituted Service, Contempt of Court
Source Language
en
Tort Civil Procedure Public Law Public Nuisance Interlocutory Injunction Standing to Sue Particular Substantial and Direct Damage Balance of Convenience +2 more

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Parties

Lai Hoi Ping

Plaintiff (on Behalf of Hong Kong Taxi Association)

Tam Chun Hung

Plaintiff (on Behalf of Taxi Drivers and Operators Association)

Persons occupying portions of Nathan Road near to and between Argyle Street and Dundas Street

Defendant (protesters)

Ng Ting Pong

Defendant (2nd Defendant)

Fok Wai Pong Dominic (Dominic Fok)

Defendant (3rd Defendant)

Chen Raymond

Defendant (4th Defendant)

Procedural Posture

Public Nuisance; Interlocutory Injunctions / Applications for Leave to Appeal Against Continuation of Interlocutory Injunctions and Ancillary Applications for Stay of Execution

Legal Issues

  1. 1 Whether leave to appeal should be granted against continuation of interlocutory injunctions
  2. 2 Whether private plaintiffs have standing to sue in public nuisance absent particular, substantial and direct damage
  3. 3 Whether particular, substantial and direct damage is a jurisdictional fact for grant of interlocutory relief

Ratio Decidendi

Leave to appeal was refused because there was no reasonable prospect of success; the judge was right to find a serious issue to be tried that the plaintiffs suffered particular, substantial and direct damage and to continue interlocutory injunctions after weighing s21L discretionary factors (serious question, adequacy of damages, balance of convenience), including that protesters had no rightful claim to occupy and obstruct the highways.

Court Disposition

Applications for leave to appeal dismissed; ancillary applications for stay of execution dismissed

Orders

  • Applications for leave to appeal dismissed
  • Ancillary applications for stay of execution pending appeal dismissed