FANTASTIC STATE LTD v. TIEN\'S ORGANIC FARM AND OTHERS

FANTASTIC STATE LTD v. TIEN\'S ORGANIC FARM AND OTHERS

The judge held that the Defendants have an arguable case that Special Condition 30(a) grants right of way by foot or vehicle and the case is not plainly unarguable; the defendants' non-disclosure did not compel discharge because the court properly exercised its discretion; the balance of convenience favors continuation and there was no demonstrated need for fortification; accordingly the application for leave to appeal lacked reasonable prospects and was dismissed.

Citation
[2018] HKCFI 2473
Parties
Plaintiff: Plaintiff; Defendants: 1st to 3rd Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 November 2018
Case Number
HCA99/2018
Procedural Posture
Civil Application for Leave to Appeal (injunction Continuation) / Interlocutory Application for Leave to Appeal From Continuation of Ex Parte Injunction
Outcome
Application for leave to appeal dismissed
Legal Topics
Interim Injunction, Right of Way, Restrictive Covenant, Non Disclosure in Ex Parte Application, Balance of Convenience, Leave to Appeal
Source Language
EN
Civil Procedure Property Law Equity Land Law Interim Injunction Right of Way Restrictive Covenant Non Disclosure in Ex Parte Application +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Plaintiff

Plaintiff

1st to 3rd Defendants

Defendants

Procedural Posture

Civil Application for Leave to Appeal (injunction Continuation) / Interlocutory Application for Leave to Appeal From Continuation of Ex Parte Injunction

Legal Issues

  1. 1 Whether there is a serious issue to be tried as to a vehicular right of way under Special Condition 30(a)
  2. 2 Whether defendants' non-disclosure at the ex parte hearing was material and warranted discharge of the injunction
  3. 3 Whether defendants' use of ex parte procedure was justified

Ratio Decidendi

The judge held that the Defendants have an arguable case that Special Condition 30(a) grants right of way by foot or vehicle and the case is not plainly unarguable; the defendants' non-disclosure did not compel discharge because the court properly exercised its discretion; the balance of convenience favors continuation and there was no demonstrated need for fortification; accordingly the application for leave to appeal lacked reasonable prospects and was dismissed.

Court Disposition

Application for leave to appeal dismissed

Orders

  • Application for leave to appeal dismissed
  • Costs of and occasioned by this application to be paid by the Defendants forthwith, to be taxed if not agreed