TIME SQUARE LTD v. LEE KWUN KIT t/a JL Music AND ANOTHER

TIME SQUARE LTD v. LEE KWUN KIT t/a JL Music AND ANOTHER

The court held the description of the 2nd defendants was sufficiently certain and that substituted service by fixing documents at a conspicuous place at the Open Piazza, advertisement in one local Chinese and one local English newspaper and posting on the Times Square website (and related measures for subsequent...

Source-derived case information.

Citation
[2018] HKCFI 2296
Parties
Plaintiff: Times Square Limited; 1st Defendant: LEE KWUN KIT (李冠傑) trading as JL MUSIC; 2nd Defendants: Persons unlawfully occupying or remaining at the Open Piazza of Times Square by busking or any other form of street performance, or persons who cause, place or leave obstructions at the Open Piazza in connection with such performances
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 September 2018
Case Number
HCA2244/2018
Procedural Posture
Inter Partes Summons for Substituted Service and Interlocutory Injunction / First Hearing (interlocutory Application)
Outcome
Order for substituted service granted as amended; no injunction granted against the 2nd defendants; application against the 1st defendant adjourned subject to undertaking and directions for further evidence.
Legal Topics
Substituted Service, Interim Injunction, Class/unnamed Defendants, Public Obstruction/busking
Source Language
en
Civil Procedure Injunctions Service of Process Property/land Use Substituted Service Interim Injunction Class/unnamed Defendants Public Obstruction/busking

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Parties

Times Square Limited

Plaintiff

LEE KWUN KIT (李冠傑) trading as JL MUSIC

1st Defendant

Persons unlawfully occupying or remaining at the Open Piazza of Times Square by busking or any other form of street performance, or persons who cause, place or leave obstructions at the Open Piazza in connection with such performances

2nd Defendants

Procedural Posture

Inter Partes Summons for Substituted Service and Interlocutory Injunction / First Hearing (interlocutory Application)

Legal Issues

  1. 1 Whether an injunction can be directed at a class of unnamed persons described by conduct
  2. 2 Whether the description of the 2nd defendants is sufficiently certain to identify who is included and excluded
  3. 3 Whether substituted service is appropriate and adequate given impracticability of personal service on the class

Ratio Decidendi

The court held the description of the 2nd defendants was sufficiently certain and that substituted service by fixing documents at a conspicuous place at the Open Piazza, advertisement in one local Chinese and one local English newspaper and posting on the Times Square website (and related measures for subsequent documents) was appropriate and adequate; accordingly an order for substituted service was granted as amended, but no injunction against the 2nd defendants was granted at this stage.

Court Disposition

Order for substituted service granted as amended; no injunction granted against the 2nd defendants; application against the 1st defendant adjourned subject to undertaking and directions for further evidence.

Orders

  • Substituted service of the Writ, the Summons and subsequent documents permitted as amended: (a) fixing the Writ and order at a conspicuous place at the Open Piazza, (b) advertisement in one local Chinese newspaper and one local English newspaper, (c) posting the same advertisements on the Times Square website; and...
  • Adjourn application against the 1st defendant on terms that the 1st defendant gives an undertaking not to carry out the acts in (i) and (ii) and that undertaking (iii) be confined to acts in connection with (i) and (ii); directions for filing of further evidence and a date to be fixed for full arguments