LEONG WING SUM v. NG KAI MAN

LEONG WING SUM v. NG KAI MAN

The court held the agreement was not shown to be illegal or contrary to public policy (distinguishing cases requiring false statutory declarations), the plaintiff had a good arguable case and a proprietary interest by payment, damages were inadequate and the balance of convenience favoured an injunction; accordingly...

Source-derived case information.

Citation
[2018] HKCFI 1580
Parties
Plaintiff: LEONG WING SUM; Defendant: NG KAI MAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 July 2018
Case Number
HCA51/2018
Procedural Posture
Civil Action Specific Performance and Interlocutory Injunction / Interlocutory Application (adjourned Hearing) for Injunction Pending Trial; Leave to Amend Granted
Outcome
Leave to amend granted; interlocutory injunction granted restraining defendant from carrying out or continuing construction works at the Land and from liaising with Government for that purpose pending trial
Legal Topics
Specific Performance, Interlocutory Injunction, Small House Policy, Illegality, Proprietary Interest, Resulting Trust, Constructive Trust, Clean Hands
Source Language
en
Contract Property Equity Civil Procedure Public Policy Specific Performance Interlocutory Injunction Small House Policy +5 more

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Parties

LEONG WING SUM

Plaintiff

NG KAI MAN

Defendant

Procedural Posture

Civil Action Specific Performance and Interlocutory Injunction / Interlocutory Application (adjourned Hearing) for Injunction Pending Trial; Leave to Amend Granted

  1. 1 Whether the agreement is enforceable or contrary to public policy under the Small House Policy
  2. 2 Whether the plaintiff comes to equity with clean hands given alleged procurement of breach of the New Grant
  3. 3 Whether the plaintiff has a proprietary interest in the 1/F, 2/F and roof by virtue of payment of construction costs

Ratio Decidendi

The court held the agreement was not shown to be illegal or contrary to public policy (distinguishing cases requiring false statutory declarations), the plaintiff had a good arguable case and a proprietary interest by payment, damages were inadequate and the balance of convenience favoured an injunction; accordingly leave to amend was granted and an interlocutory injunction restraining the defendant from carrying out or continuing construction and liaising with government was ordered pending trial.

Court Disposition

Leave to amend granted; interlocutory injunction granted restraining defendant from carrying out or continuing construction works at the Land and from liaising with Government for that purpose pending trial

Orders

  • Leave granted to amend the Plaintiff\'s Summons as sought
  • Pending trial or further order, defendant, whether by himself, his agents or servants or otherwise howsoever, is restrained from carrying out or continuing any construction works at the Land, including liaison with Government for that purpose