CHAN WING MING WINNIE v. TSE WAH YUEN JOSEPH AND OTHERS

CHAN WING MING WINNIE v. TSE WAH YUEN JOSEPH AND OTHERS

Although there was a serious question to be tried, the court found arguable defences existed (including likely acceptance of Chambers Rules by conduct and disputed legal issues over the notice and entitlement to services), concluded damages would be an adequate remedy and that the balance of convenience favoured...

Source-derived case information.

Citation
CHAN WING MING WINNIE v. TSE WAH YUEN JOSEPH AND OTHERS
Parties
Plaintiff: CHAN WING MING WINNIE; 1st Defendant: TSE WAH YUEN JOSEPH; 2nd Defendant: CHAN CHUNG; 3rd Defendant: SUTHERLAND MARK RICHARD CARLTON; 4th Defendant: WONG CHING YU EDWARD; 5th Defendant: HO CHING WAI DORIS; 6th Defendant: CHOW Y W KENNY; 7th Defendant: TIN SANKIE TRACY
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 January 2014
Case Number
DCCJ5053/2013
Procedural Posture
Civil Action Interlocutory Injunction Application / District Court Interlocutory Hearing and Ruling
Outcome
Application dismissed; no order as to costs
Legal Topics
Interlocutory Injunction, Irrevocable Licence in Equity (inwards V Baker), Validity of Notice to Quit, Chambers Rules, Practising Certificate
Source Language
en
Civil Procedure Property Equity Contract Professional Regulation Interlocutory Injunction Irrevocable Licence in Equity (inwards V Baker) Validity of Notice to Quit +2 more

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Parties

CHAN WING MING WINNIE

Plaintiff

TSE WAH YUEN JOSEPH

1st Defendant

CHAN CHUNG

2nd Defendant

SUTHERLAND MARK RICHARD CARLTON

3rd Defendant

WONG CHING YU EDWARD

4th Defendant

HO CHING WAI DORIS

5th Defendant

CHOW Y W KENNY

6th Defendant

TIN SANKIE TRACY

7th Defendant

Procedural Posture

Civil Action Interlocutory Injunction Application / District Court Interlocutory Hearing and Ruling

Legal Issues

  1. 1 Whether there is a serious question to be tried
  2. 2 Whether the notice to quit issued in personal names is valid when lease held by company On Lucky
  3. 3 Whether the plaintiff has an irrevocable licence in equity entitling her to remain and to continued services (Inwards v Baker)

Ratio Decidendi

Although there was a serious question to be tried, the court found arguable defences existed (including likely acceptance of Chambers Rules by conduct and disputed legal issues over the notice and entitlement to services), concluded damages would be an adequate remedy and that the balance of convenience favoured refusal; accordingly the interlocutory injunction application was dismissed.

Court Disposition

Application dismissed; no order as to costs

Orders

  • Application dismissed.
  • No order as to costs.