SINGH HARWINDER AND ANOTHER v. SINGH GURMAIL AND OTHERS

SINGH HARWINDER AND ANOTHER v. SINGH GURMAIL AND OTHERS

The alleged wrong was characterized as a private affront to plaintiffs' individual rights, not a public wrong under Gouriet, so Gouriet did not bar injunctive relief; therefore an interim non-molestation injunction was properly continued until further order; no stay was ordered because defendants did not properly establish prejudice from parallel criminal proceedings.

Citation
SINGH HARWINDER AND ANOTHER v. SINGH GURMAIL AND OTHERS
Parties
Plaintiff: SINGH HARWINDER; Plaintiff: SINGH RANJIT; Defendant: SINGH GURMAIL; Defendant: SINGH HARJANG; Defendant: BHOLLA; Defendant: SINGH JARNAIL; Defendant: SINGH BALJINDER; Defendant: SINGH PALMINDER; Defendant: SINGH LAIK
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 May 2000
Case Number
HCA2055/2000
Procedural Posture
Civil Action for Non Molestation Injunction / Interlocutory Hearing Interim Injunction (continued)
Outcome
Interim injunction continued until further order; costs reserved.
Legal Topics
Interim Injunction, Public Wrong Versus Private Right (relator Proceedings), Stay Pending Criminal Proceedings, Legal Aid Refusal
Source Language
EN
Civil Injunction Criminal Procedure Overlap Legal Aid Interim Injunction Public Wrong Versus Private Right (relator Proceedings) Stay Pending Criminal Proceedings Legal Aid Refusal

Case Brief

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Parties

SINGH HARWINDER

Plaintiff

SINGH RANJIT

Plaintiff

SINGH GURMAIL

Defendant

SINGH HARJANG

Defendant

BHOLLA

Defendant

SINGH JARNAIL

Defendant

SINGH BALJINDER

Defendant

SINGH PALMINDER

Defendant

SINGH LAIK

Defendant

Procedural Posture

Civil Action for Non Molestation Injunction / Interlocutory Hearing Interim Injunction (continued)

Legal Issues

  1. 1 Whether plaintiffs may obtain injunctive relief where alleged wrong is public or private
  2. 2 Whether Gouriet v Union of Post Office Workers bars private relator-style injunctions here
  3. 3 Whether civil proceedings should be stayed because of parallel criminal trials

Ratio Decidendi

The alleged wrong was characterized as a private affront to plaintiffs' individual rights, not a public wrong under Gouriet, so Gouriet did not bar injunctive relief; therefore an interim non-molestation injunction was properly continued until further order; no stay was ordered because defendants did not properly establish prejudice from parallel criminal proceedings.

Court Disposition

Interim injunction continued until further order; costs reserved.

Orders

  • Interim injunction granted by Yeung J and continued by Chung J further continued until further order
  • Costs of the summons so far reserved