EQUITY NOMINEES AND SECRETARIAL LTD v. CHINA SPRING HONG KONG LTD

EQUITY NOMINEES AND SECRETARIAL LTD v. CHINA SPRING HONG KONG LTD

Plaintiff was permitted to withdraw the injunction summons and was awarded costs for the injunction summons because the defendant's undertaking effectively granted the substantive relief sought, making the plaintiff the effective winner for costs purposes; affidavits/affirmations to stand as witness statements and their costs to be in the cause.

Citation
[2021] HKDC 687
Parties
Plaintiff (tenant): Equity Nominees and Secretarial Limited; Defendant (landlord): China Spring Hong Kong Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
4 June 2021
Case Number
DCCJ758/2021
Procedural Posture
Civil Action Injunction Summons Concerning Tenancy / Adjourned Interlocutory Hearing for Injunction; Plaintiff Applied to Withdraw Summons
Outcome
Leave to withdraw the injunction summons granted; costs awarded to plaintiff for the injunction summons with certificate for counsel; affidavits/affirmations to stand as witness statements and their costs to be in the cause.
Legal Topics
Interim Injunction, Undertaking, Breach of Tenancy, Adequacy of Damages, Costs Following Event
Source Language
EN
Landlord and Tenant Contract Civil Procedure Remedies Injunctions Costs Interim Injunction Undertaking Breach of Tenancy +2 more

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Parties

Equity Nominees and Secretarial Limited

Plaintiff (tenant)

China Spring Hong Kong Limited

Defendant (landlord)

Procedural Posture

Civil Action Injunction Summons Concerning Tenancy / Adjourned Interlocutory Hearing for Injunction; Plaintiff Applied to Withdraw Summons

Legal Issues

  1. 1 Whether there was a serious question to be tried
  2. 2 Whether interim injunction was necessary and urgent
  3. 3 Whether damages were an adequate remedy

Ratio Decidendi

Plaintiff was permitted to withdraw the injunction summons and was awarded costs for the injunction summons because the defendant's undertaking effectively granted the substantive relief sought, making the plaintiff the effective winner for costs purposes; affidavits/affirmations to stand as witness statements and their costs to be in the cause.

Court Disposition

Leave to withdraw the injunction summons granted; costs awarded to plaintiff for the injunction summons with certificate for counsel; affidavits/affirmations to stand as witness statements and their costs to be in the cause.

Orders

  • Affidavits/affirmations filed to stand as witness statements and their costs to be in the cause