KHAN ABDUL RAUF v. MANSOORI NIZAMUDEEN AND ANOTHER

KHAN ABDUL RAUF v. MANSOORI NIZAMUDEEN AND ANOTHER

Although there is a serious question to be tried about the plaintiff's beneficial ownership, damages are an adequate remedy given the plaintiff's limited use of the workshop, the presence of other businesses, and the moved registered address; accordingly the balance of convenience does not favor granting an interlocutory injunction, and the application is dismissed.

Citation
KHAN ABDUL RAUF v. MANSOORI NIZAMUDEEN AND ANOTHER
Parties
Plaintiff: Khan Abdul Rauf; 1st Defendant: Mansoori Nizamudeen; 2nd Defendant: Mansuri Abdul Wahid also known as Abdul Wahid Mansuri
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 October 2012
Case Number
HCA1380/2012
Procedural Posture
Partition Ordinance Action / Property Dispute / Decision on Interlocutory Injunction Application
Outcome
Interlocutory application dismissed
Legal Topics
Partition, Co Ownership, Interim Injunction, Ouster and Occupation Rent, Adequacy of Damages, Balance of Convenience
Source Language
EN
Property Law Civil Procedure Equity Partnership Law Partition Co Ownership Interim Injunction Ouster and Occupation Rent +2 more

Case Brief

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Parties

Khan Abdul Rauf

Plaintiff

Mansoori Nizamudeen

1st Defendant

Mansuri Abdul Wahid also known as Abdul Wahid Mansuri

2nd Defendant

Procedural Posture

Partition Ordinance Action / Property Dispute / Decision on Interlocutory Injunction Application

Legal Issues

  1. 1 Whether the plaintiff is a beneficial owner or a nominee
  2. 2 Whether an interlocutory injunction should be granted restraining access to the jointly owned workshop
  3. 3 Whether damages would be an adequate remedy if the plaintiff succeeds at trial

Ratio Decidendi

Although there is a serious question to be tried about the plaintiff's beneficial ownership, damages are an adequate remedy given the plaintiff's limited use of the workshop, the presence of other businesses, and the moved registered address; accordingly the balance of convenience does not favor granting an interlocutory injunction, and the application is dismissed.

Court Disposition

Interlocutory application dismissed

Orders

  • Application by summons dated 6 August 2012 dismissed