BOTHLINK LTD v. KING GLARE LTD AND ANOTHER

BOTHLINK LTD v. KING GLARE LTD AND ANOTHER

Judge found Convey liable in trespass and private nuisance for New Structures erected by 17 December 2010 and continuing; King Glare and Convey jointly and severally liable in trespass for failure to remove Old Structures from 1 July 2009 to 30 September 2009; Temporary Structures did not amount to trespass by defendants; appropriate relief includes delivery up, mandatory dismantling, injunctions, mesne profits and damages quantified by reference to comparable rent and awarded interest.

Citation
BOTHLINK LTD v. KING GLARE LTD AND ANOTHER
Parties
Plaintiff: Bothlink Limited; 1st Defendant: King Glare Limited; 2nd Defendant: Convey Advertising Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 January 2015
Case Number
HCA1978/2013
Procedural Posture
Trespass and Nuisance (property Torts) / Judgment (court of First Instance)
Outcome
Judgment for plaintiff Bothlink Limited against Convey Advertising Company Limited and King Glare Limited in part; Convey ordered to deliver up possession and remove New Structures; King Glare and Convey ordered jointly and severally to pay mesne profits for Old Structures; Convey ordered to pay mesne profits and...
Legal Topics
Trespass, Private Nuisance, Mesne Profits, Injunction, Delivery Up of Possession, Damages, Evidence/valuation
Source Language
EN
Property Law Tort Law Civil Remedies Trespass Private Nuisance Mesne Profits Injunction Delivery Up of Possession +2 more

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Parties

Bothlink Limited

Plaintiff

King Glare Limited

1st Defendant

Convey Advertising Company Limited

2nd Defendant

Procedural Posture

Trespass and Nuisance (property Torts) / Judgment (court of First Instance)

Legal Issues

  1. 1 Whether Old, Temporary and New advertising structures amounted to trespass and/or private nuisance
  2. 2 Whether King Glare and/or Convey were the parties responsible for erecting and maintaining the structures
  3. 3 Appropriate remedies and quantification of mesne profits and damages

Ratio Decidendi

Judge found Convey liable in trespass and private nuisance for New Structures erected by 17 December 2010 and continuing; King Glare and Convey jointly and severally liable in trespass for failure to remove Old Structures from 1 July 2009 to 30 September 2009; Temporary Structures did not amount to trespass by defendants; appropriate relief includes delivery up, mandatory dismantling, injunctions, mesne profits and damages quantified by reference to comparable rent and awarded interest.

Court Disposition

Judgment for plaintiff Bothlink Limited against Convey Advertising Company Limited and King Glare Limited in part; Convey ordered to deliver up possession and remove New Structures; King Glare and Convey ordered jointly and severally to pay mesne profits for Old Structures; Convey ordered to pay mesne profits and...

Orders

  • Convey do immediately deliver up vacant possession of the Wall
  • Convey do at its own expense forthwith dismantle, pull down and remove all parts of the New Structures blocking or covering the 4th and 5th floors of the Wall and reinstate any damaged parts