BHATTI BHUPINDER SINGH v. LEE CHIU TAK AND OTHERS

BHATTI BHUPINDER SINGH v. LEE CHIU TAK AND OTHERS

The court granted the interim injunction because the plaintiff established a serious question to be tried by independent evidence (Community Psychiatric Service notes) that noises emanated from the defendants' flat; Noise Control Ordinance s.4 makes night-time annoyance prima facie unreasonable; on the balance of...

Source-derived case information.

Citation
[2019] HKDC 1557
Parties
Plaintiff: Bhatti Bhupinder Singh; Defendant (1st Named, Deceased; Action Withdrawn): Lee Chiu Tak; Defendant (2nd Named): Kam Siu Fong Susanna; Defendant (3rd Named): Lee Wai Kuen
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
20 November 2019
Case Number
DCCJ5119/2018
Procedural Posture
Civil Action for Nuisance; Application for Interlocutory Injunction / Interlocutory Hearing and Decision (application for Interim Injunction)
Outcome
Interlocutory injunction granted
Legal Topics
Interim Injunction, Unreasonable Noise, Neighbourhood Dispute, Undertaking, Noise Control Ordinance S4
Source Language
en
Tort Nuisance Civil Procedure Statutory/regulatory (noise Control) Interim Injunction Unreasonable Noise Neighbourhood Dispute Undertaking +1 more

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Parties

Bhatti Bhupinder Singh

Plaintiff

Lee Chiu Tak

Defendant (1st Named, Deceased; Action Withdrawn)

Kam Siu Fong Susanna

Defendant (2nd Named)

Lee Wai Kuen

Defendant (3rd Named)

Procedural Posture

Civil Action for Nuisance; Application for Interlocutory Injunction / Interlocutory Hearing and Decision (application for Interim Injunction)

Legal Issues

  1. 1 Whether there is a serious question to be tried that noise from the defendants' flat amounts to actionable nuisance
  2. 2 Whether the balance of convenience favours granting an interim injunction limited to night hours
  3. 3 Whether the plaintiff's delay in applying is fatal

Ratio Decidendi

The court granted the interim injunction because the plaintiff established a serious question to be tried by independent evidence (Community Psychiatric Service notes) that noises emanated from the defendants' flat; Noise Control Ordinance s.4 makes night-time annoyance prima facie unreasonable; on the balance of convenience an injunction limited to 11 pm–7 am was appropriate; the plaintiff's delay was not fatal and he gave the required undertakings.

Court Disposition

Interlocutory injunction granted

Orders

  • Upon the plaintiff giving the usual undertaking as to damages
  • Upon the plaintiff undertaking not to harass any of the defendants and any occupants of Flat B, 31/F, Block 2, Sherwood Court, Kingswood Villas, Tin Shui Wai