YEE KIN DEVELOPMENT CO LTD AND ANOTHER v. LUI MO WANG

YEE KIN DEVELOPMENT CO LTD AND ANOTHER v. LUI MO WANG

Given that the Building Authority approved plans to demolish the wall and there was no material reason consent to commence would be withheld, the defendant's unapproved structure (erected without owner permission or council approval and inconsistent with the licence) would interfere with the plaintiffs' property rights and approved building works; accordingly an interlocutory injunction requiring removal of the structure was justified.

Citation
YEE KIN DEVELOPMENT CO LTD AND ANOTHER v. LUI MO WANG
Parties
1st Plaintiff: Yee Kin Development Co. Ltd.; 2nd Plaintiff: Yim Ho Kee; Defendant: Lui Mo Wang
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 October 1983
Case Number
HCA9398/1983
Procedural Posture
Civil Nuisance/trespass/interlocutory Injunction / Interlocutory Injunction Hearing and Judgment
Outcome
Interlocutory injunction granted requiring removal of the defendant's structure; order nisi as to costs with specified allocation.
Legal Topics
Nuisance, Trespass, Interlocutory Injunction, Licensing Compliance, Building/alteration Approvals
Source Language
EN
Property Law Tort (nuisance and Trespass) Civil Procedure Administrative/regulatory Law Nuisance Trespass Interlocutory Injunction Licensing Compliance +1 more

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Parties

Yee Kin Development Co. Ltd.

1st Plaintiff

Yim Ho Kee

2nd Plaintiff

Lui Mo Wang

Defendant

Procedural Posture

Civil Nuisance/trespass/interlocutory Injunction / Interlocutory Injunction Hearing and Judgment

Legal Issues

  1. 1 Whether the defendant's erected structure constitutes a nuisance or trespass to the plaintiffs' property rights
  2. 2 Whether an interlocutory injunction should be granted to require demolition/removal of the structure pending trial
  3. 3 Whether the defendant's Fixed Pitch (Wall Stall) Hawker Licence or occupation of Crown land permits his structure or operation without owner or council approval

Ratio Decidendi

Given that the Building Authority approved plans to demolish the wall and there was no material reason consent to commence would be withheld, the defendant's unapproved structure (erected without owner permission or council approval and inconsistent with the licence) would interfere with the plaintiffs' property rights and approved building works; accordingly an interlocutory injunction requiring removal of the structure was justified.

Court Disposition

Interlocutory injunction granted requiring removal of the defendant's structure; order nisi as to costs with specified allocation.

Orders

  • Interlocutory injunction requiring the defendant to remove/demolish the structure erected adjacent to the 1st plaintiff's side wall
  • Order nisi as to costs