YIP YUET MING AND ANOTHER v. LIU KING WA

YIP YUET MING AND ANOTHER v. LIU KING WA

Defendant was properly served, the plaintiffs' surveyor report establishes continued non-compliance with the injunction, and under Order 45 rule 8 the court is empowered to authorize the plaintiffs to effect remedial works at the defendant's cost; consequently leave to enter and carry out works and orders for payment of costs are warranted.

Citation
[2025] HKDC 1279
Parties
1st Plaintiff: YIP YUET MING (葉乙明); 2nd Plaintiff: CHAU WAI YING CONNIE (鄒偉英); Defendant: LIU KING WA
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
28 July 2025
Case Number
DCCJ2165/2024
Procedural Posture
Civil Action – Enforcement of Injunction / Remedial Work / Interlocutory Application Under Order 45 Rule 8 RDC
Outcome
Application granted: plaintiffs granted leave to enter Defendant's premises to carry out remedial work; Defendant ordered to pay costs and expenses and costs of the application.
Legal Topics
Injunction Enforcement, Water Seepage, Remedial Works, Order 45 Rule 8 RDC, Entry Onto Land
Source Language
EN
Civil Property Civil Procedure Remedies Costs Injunction Enforcement Water Seepage Remedial Works +2 more

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Parties

YIP YUET MING (葉乙明)

1st Plaintiff

CHAU WAI YING CONNIE (鄒偉英)

2nd Plaintiff

LIU KING WA

Defendant

Procedural Posture

Civil Action – Enforcement of Injunction / Remedial Work / Interlocutory Application Under Order 45 Rule 8 RDC

Legal Issues

  1. 1 Whether the Defendant has failed to comply with the injunction order
  2. 2 Whether the court should authorize the Plaintiffs or their agents to enter Defendant's premises to carry out remedial works under Order 45 rule 8 RDC at the Defendant's cost
  3. 3 Whether the Defendant should be ordered to pay the costs of the remedial works and costs of the application

Ratio Decidendi

Defendant was properly served, the plaintiffs' surveyor report establishes continued non-compliance with the injunction, and under Order 45 rule 8 the court is empowered to authorize the plaintiffs to effect remedial works at the defendant's cost; consequently leave to enter and carry out works and orders for payment of costs are warranted.

Court Disposition

Application granted: plaintiffs granted leave to enter Defendant's premises to carry out remedial work; Defendant ordered to pay costs and expenses and costs of the application.

Orders

  • Leave granted to the Plaintiffs, their agents and/or servants to enter the Defendant's premises and carry out remedial work at the Defendant's premises within 60 days from the date of the order
  • Upon carrying out such remedial work the Defendant shall pay the Plaintiffs such costs and expenses incurred within 14 days after a written demand served upon the Defendant by the Plaintiffs setting out the breakdown of such costs and supporting proof