CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR REPASSING OF ARGYLE STREET AND OTHERS

CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR REPASSING OF ARGYLE STREET AND OTHERS

The Court held there was no reasonable prospect of success on appeal: the requirement of particular, substantial and direct damage is an element to be tried, not a jurisdictional fact that precludes interlocutory relief; the judge correctly found a serious issue to be tried and the balance of convenience overwhelmingly favoured granting and continuing the interlocutory injunctions pending trial; therefore leave to appeal and ancillary stay applications were dismissed and the injunctions continued.

Citation
CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR REPASSING OF ARGYLE STREET AND OTHERS
Parties
Plaintiff (hca 2086/2014): Lai Hoi Ping; Plaintiff (hca 2104/2014): Tam Chun Hung; Defendant (class): Persons occupying portions of Nathan Road near to and between Argyle Street and Dundas Street; 2nd Defendant: Ng Ting Pong; 3rd Defendant: Fok Wai Pong Dominic; 4th Defendant: Chen Raymond
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 November 2014
Case Number
HCMP2976/2014
Procedural Posture
Applications for Leave to Appeal Against Continuation of Interlocutory Injunctions / Court of Appeal Judgment on Applications for Leave to Appeal and Ancillary Stay Applications (interlocutory Stage)
Outcome
Applications for leave to appeal dismissed; ancillary applications for stay of execution dismissed; interlocutory injunctions continued pending trial
Legal Topics
Particular, Substantial and Direct Damage, Interlocutory Injunction, Balance of Convenience, Substituted Service, Contempt
Source Language
EN
Public Nuisance Injunctive Relief Civil Procedure Tort Particular, Substantial and Direct Damage Interlocutory Injunction Balance of Convenience Substituted Service +1 more

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Parties

Lai Hoi Ping

Plaintiff (hca 2086/2014)

Tam Chun Hung

Plaintiff (hca 2104/2014)

Persons occupying portions of Nathan Road near to and between Argyle Street and Dundas Street

Defendant (class)

Ng Ting Pong

2nd Defendant

Fok Wai Pong Dominic

3rd Defendant

Chen Raymond

4th Defendant

Procedural Posture

Applications for Leave to Appeal Against Continuation of Interlocutory Injunctions / Court of Appeal Judgment on Applications for Leave to Appeal and Ancillary Stay Applications (interlocutory Stage)

Legal Issues

  1. 1 Whether plaintiffs have shown particular, substantial and direct damage sufficient to sue in public nuisance
  2. 2 Whether particular, substantial and direct damage is a jurisdictional fact requiring proof before interlocutory relief
  3. 3 Whether an interlocutory injunction should be granted pending trial given the balance of convenience

Ratio Decidendi

The Court held there was no reasonable prospect of success on appeal: the requirement of particular, substantial and direct damage is an element to be tried, not a jurisdictional fact that precludes interlocutory relief; the judge correctly found a serious issue to be tried and the balance of convenience overwhelmingly favoured granting and continuing the interlocutory injunctions pending trial; therefore leave to appeal and ancillary stay applications were dismissed and the injunctions continued.

Court Disposition

Applications for leave to appeal dismissed; ancillary applications for stay of execution dismissed; interlocutory injunctions continued pending trial

Orders

  • Applications for leave to appeal dismissed
  • Ancillary applications for stay of execution pending appeal dismissed