HO KWOK WA AND ANOTHER v. TANG PING KUEN AND OTHERS

HO KWOK WA AND ANOTHER v. TANG PING KUEN AND OTHERS

The ex parte interim injunction was continued because the plaintiffs' factual assertions went largely unchallenged on the evidence before the court, the first defendant failed to establish an alternative access or show real prejudice, the defendant's conduct demonstrated deliberate obstruction, and damages were not an adequate remedy; on that basis the balance of convenience favoured continuation until trial or further order.

Citation
[2019] HKCFI 2804
Parties
1st Plaintiff: Ho Kwok Wa; 2nd Plaintiff: King Union International Investments Limited; 1st Defendant: Tang Ping Kuen; 2nd Defendant: Other persons hindering or preventing the passing or repassing of the said property
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 November 2019
Case Number
HCA2017/2019
Procedural Posture
Interim Injunction; Right of Way Dispute / Inter Partes Hearing on Continuation of Ex Parte Interim Injunction; Decision Given
Outcome
Continue ex parte order granted 4 November 2019 until trial or further order
Legal Topics
Right of Way, Prescription (lost Modern Grant), Interim Injunction, Balance of Convenience, Adequacy of Damages
Source Language
EN
Property Law Civil Procedure Equity Injunctions Right of Way Prescription (lost Modern Grant) Interim Injunction Balance of Convenience +1 more

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Parties

Ho Kwok Wa

1st Plaintiff

King Union International Investments Limited

2nd Plaintiff

Tang Ping Kuen

1st Defendant

Other persons hindering or preventing the passing or repassing of the said property

2nd Defendant

Procedural Posture

Interim Injunction; Right of Way Dispute / Inter Partes Hearing on Continuation of Ex Parte Interim Injunction; Decision Given

Legal Issues

  1. 1 Whether plaintiffs established sufficient merits to continue the ex parte interim injunction restraining obstruction of the New Access Road
  2. 2 Whether balance of convenience favours continuation of the interim injunction
  3. 3 Whether damages would be an adequate remedy instead of injunctive relief

Ratio Decidendi

The ex parte interim injunction was continued because the plaintiffs' factual assertions went largely unchallenged on the evidence before the court, the first defendant failed to establish an alternative access or show real prejudice, the defendant's conduct demonstrated deliberate obstruction, and damages were not an adequate remedy; on that basis the balance of convenience favoured continuation until trial or further order.

Court Disposition

Continue ex parte order granted 4 November 2019 until trial or further order

Orders

  • Continue the ex parte order granted by Mr Justice Ng on 4 November 2019 until trial or further order.
  • Plaintiffs' costs of this application to be in the cause.