TAM SEEN MANN ESTEFANIA v. CHAN NORMAN AND ANOTHER

TAM SEEN MANN ESTEFANIA v. CHAN NORMAN AND ANOTHER

The Court held that, binding on local precedent, there is no tort of harassment under Hong Kong common law; however the defendant’s conduct (repeated shouting, aggressive gestures and spray‑painting) amounted to assault and the defendants caused actionable nuisance by excessive noise; accordingly tailored injunctions were granted to protect the plaintiffs and counterclaims were dismissed with a costs order nisi against the defendants.

Citation
TAM SEEN MANN ESTEFANIA v. CHAN NORMAN AND ANOTHER
Parties
1st Plaintiff: Pong Seong Teresa; 2nd Plaintiff: Tam Shui Chuen; 3rd Plaintiff / Plaintiff in HCA 726/2011: Tam Seen Mann Estefania; Defendant / 1st Defendant in HCA 726/2011: Chan Norman; 2nd Defendant in HCA 726/2011: Wai So Lin Shirley
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 August 2014
Case Number
HCA726/2011
Procedural Posture
Civil Tort Actions for Injunctive Relief (assault, Nuisance, Alleged Harassment) / Judgment After Trial
Outcome
Judgment for the plaintiffs in both actions; defendants' counterclaims dismissed; injunctions granted; costs ordered nisi in favour of plaintiffs
Legal Topics
Assault, Existence of Tort of Harassment, Noise Nuisance, Interlocutory and Final Injunctions, Unauthorised Building Works
Source Language
EN
Tort Law Nuisance Injunctions Neighbour Disputes Assault Existence of Tort of Harassment Noise Nuisance Interlocutory and Final Injunctions +1 more

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Parties

Pong Seong Teresa

1st Plaintiff

Tam Shui Chuen

2nd Plaintiff

Tam Seen Mann Estefania

3rd Plaintiff / Plaintiff in HCA 726/2011

Chan Norman

Defendant / 1st Defendant in HCA 726/2011

Wai So Lin Shirley

2nd Defendant in HCA 726/2011

Procedural Posture

Civil Tort Actions for Injunctive Relief (assault, Nuisance, Alleged Harassment) / Judgment After Trial

Legal Issues

  1. 1 Whether a tort of harassment exists under Hong Kong common law
  2. 2 Whether the defendant committed acts constituting assault and/or harassment
  3. 3 Whether the defendants caused nuisance by excessive noise

Ratio Decidendi

The Court held that, binding on local precedent, there is no tort of harassment under Hong Kong common law; however the defendant’s conduct (repeated shouting, aggressive gestures and spray‑painting) amounted to assault and the defendants caused actionable nuisance by excessive noise; accordingly tailored injunctions were granted to protect the plaintiffs and counterclaims were dismissed with a costs order nisi against the defendants.

Court Disposition

Judgment for the plaintiffs in both actions; defendants' counterclaims dismissed; injunctions granted; costs ordered nisi in favour of plaintiffs

Orders

  • Dismissal of defendant Chan Norman's counterclaim in HCA 627/2010
  • Dismissal of defendants' counterclaim in HCA 726/2011