LAI KWOK YING v. PUBLIC WAY INVESTMENTS LTD AND ANOTHER

LAI KWOK YING v. PUBLIC WAY INVESTMENTS LTD AND ANOTHER

The court found there was a serious question to be tried and on the balance of convenience the plaintiff required protection; the existing order/undertaking was continued and an injunction in terms sought by the plaintiff was made, the proposed terms were not fatally vague in context, and the 1st Defendant could not...

Source-derived case information.

Citation
LAI KWOK YING v. PUBLIC WAY INVESTMENTS LTD AND ANOTHER
Parties
Plaintiff: LAI KWOK YING; 1st Defendant: PUBLIC WAY INVESTMENTS LIMITED; 2nd Defendant: CHIU WAI MO
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 August 2006
Case Number
DCCJ4163/2005
Procedural Posture
Civil Action (application for Interim Injunction) / Application for Continuation of Interim Injunction/undertaking; Decision on Continuation Following Chamber Hearings
Outcome
Order made in terms of the plaintiff's application: the interim injunction/undertaking of HH Judge Chan continued until after trial or further order; costs ordered nisi.
Legal Topics
Interim Injunction, Undertaking to Court, Serious Question to Be Tried, Balance of Convenience, Vicarious/attribution of Director's Acts, Form and Certainty of Injunctive Terms
Source Language
en
Civil Procedure Injunctions Tort (harassment and Intimidation) Company Law Bankruptcy Related Debt Recovery Interim Injunction Undertaking to Court Serious Question to Be Tried +3 more

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Parties

LAI KWOK YING

Plaintiff

PUBLIC WAY INVESTMENTS LIMITED

1st Defendant

CHIU WAI MO

2nd Defendant

Procedural Posture

Civil Action (application for Interim Injunction) / Application for Continuation of Interim Injunction/undertaking; Decision on Continuation Following Chamber Hearings

Legal Issues

  1. 1 Whether the existing injunction/undertaking made by HH Judge Chan should be continued until trial or further order
  2. 2 Whether there is a serious question to be tried and whether the balance of convenience favors continuation
  3. 3 Whether the terms of the proposed injunction are too vague (eg. 'families', 'colleagues', 'communicating')

Ratio Decidendi

The court found there was a serious question to be tried and on the balance of convenience the plaintiff required protection; the existing order/undertaking was continued and an injunction in terms sought by the plaintiff was made, the proposed terms were not fatally vague in context, and the 1st Defendant could not be divorced from acts of its director for purposes of the relief ordered.

Court Disposition

Order made in terms of the plaintiff's application: the interim injunction/undertaking of HH Judge Chan continued until after trial or further order; costs ordered nisi.

Orders

  • Defendants restrained from intimidating, molesting, assaulting, battering, harassing, threatening, pestering or interfering with the Plaintiff, his families and his colleagues until after trial or further order
  • Defendants restrained from communicating with the Plaintiff, his family members or his colleagues (save for communications between respective solicitors) until after trial or further order