KIPPFORD ENTERPRISES LTD AND ANOTHER v. MAN FU WAN AND OTHERS

KIPPFORD ENTERPRISES LTD AND ANOTHER v. MAN FU WAN AND OTHERS

The ex parte order of 6 May 2003 was discharged because the Plaintiffs failed to make full and frank disclosure and made material misrepresentations about compliance with the grant conditions and the existence/approval of a New Road; on the inter partes hearing limited injunctive relief was granted to prevent sit-in protests that unreasonably interrupted construction (paragraphs 1(i) and 1(ii) of the Summons), but claims seeking declaration of public right to be upon the land were dismissed pending clarification of the Plaintiffs' compliance with the grant; costs ordered in favour of Defendants (order nisi).

Citation
KIPPFORD ENTERPRISES LTD AND ANOTHER v. MAN FU WAN AND OTHERS
Parties
1st Plaintiff: KIPPFORD ENTERPRISES LIMITED; 2nd Plaintiff: JOIN OCEAN CONSTRUCTION MACHINERY ENGINEERING COMPANY LIMITED; 1st Defendant: MAN FU WAN; 2nd Defendant: WAN KAM TONG; 3rd Defendant: MAN KWOK KEUNG TONY; 4th Defendant: CHAU HING WAH; 5th Defendant: SZE WING FAT; 6th Defendant: MAN CHI SHEUNG; 7th Defendant: NG YI KWAN; 8th Defendant: KWOK FUK CHAI; 9th Defendant: MAN FU WAH; 10th Defendant: WAN SUK CHI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 September 2003
Case Number
HCA1614/2003
Procedural Posture
Civil Action (land Grant/right of Way; Injunction) / Interlocutory Applications: Ex Parte Application Heard 6 May 2003; Discharge and Inter Partes Hearing 18 August 2003; Judgment 11 September 2003
Outcome
Ex parte order dated 6 May 2003 discharged; limited inter partes injunction granted; other relief relating to public right to be upon the Land dismissed; costs ordered in favour of Defendants (order nisi).
Legal Topics
Right of Way, Lease/grant Conditions, Interim Injunction, Ex Parte Relief, Material Non Disclosure, Public Nuisance, Trespass, Intimidation, Conspiracy, Costs
Source Language
EN
Land Law Administrative Law Civil Procedure Tort Right of Way Lease/grant Conditions Interim Injunction Ex Parte Relief +6 more

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Parties

KIPPFORD ENTERPRISES LIMITED

1st Plaintiff

JOIN OCEAN CONSTRUCTION MACHINERY ENGINEERING COMPANY LIMITED

2nd Plaintiff

MAN FU WAN

1st Defendant

WAN KAM TONG

2nd Defendant

MAN KWOK KEUNG TONY

3rd Defendant

CHAU HING WAH

4th Defendant

SZE WING FAT

5th Defendant

MAN CHI SHEUNG

6th Defendant

NG YI KWAN

7th Defendant

KWOK FUK CHAI

8th Defendant

MAN FU WAH

9th Defendant

WAN SUK CHI

10th Defendant

Procedural Posture

Civil Action (land Grant/right of Way; Injunction) / Interlocutory Applications: Ex Parte Application Heard 6 May 2003; Discharge and Inter Partes Hearing 18 August 2003; Judgment 11 September 2003

Legal Issues

  1. 1 Whether the ex parte order of 6 May 2003 should be discharged for material non-disclosure and misrepresentation
  2. 2 Whether the 1st Plaintiff complied with Special Condition (45) by providing a New Road approved by the Director capable of replacing existing van tracks
  3. 3 Whether the Defendants committed public nuisance, trespass, intimidation or conspiracy warranting injunctive relief

Ratio Decidendi

The ex parte order of 6 May 2003 was discharged because the Plaintiffs failed to make full and frank disclosure and made material misrepresentations about compliance with the grant conditions and the existence/approval of a New Road; on the inter partes hearing limited injunctive relief was granted to prevent sit-in protests that unreasonably interrupted construction (paragraphs 1(i) and 1(ii) of the Summons), but claims seeking declaration of public right to be upon the land were dismissed pending clarification of the Plaintiffs' compliance with the grant; costs ordered in favour of Defendants (order nisi).

Court Disposition

Ex parte order dated 6 May 2003 discharged; limited inter partes injunction granted; other relief relating to public right to be upon the Land dismissed; costs ordered in favour of Defendants (order nisi).

Orders

  • Ex parte order of 6 May 2003 discharged
  • Inter partes: grant in terms of paragraph 1(i) and 1(ii) of the Summons issued on 10 May 2003 (limited injunctive relief to prevent sit-in protests obstructing construction)