NG CHUNG YING DAYDES v. TANG MAN KIT otherwise known as TANG MAN KIT, TERRY AND ANOTHER

NG CHUNG YING DAYDES v. TANG MAN KIT otherwise known as TANG MAN KIT, TERRY AND ANOTHER

The court continued the interlocutory injunction because there are serious issues to be tried concerning membership and the validity of managerial resolutions and the Tinting Lease which cannot be resolved at interlocutory stage; the balance of convenience favors preserving the status quo pending determination of the Membership Proceedings and the substantive action; plaintiff's claim and the risk of uncompensatable injury justified continuation of the injunction.

Citation
[2025] HKCFI 2278
Parties
Plaintiff (member Suing on Behalf of Heung Members): Ng Chung Ying Daydes; 1st Defendant (registered Manager): 1st Defendant; 2nd Defendant (lessee Under Tinting Lease): 2nd Defendant; Heung (tso/tong Holding Lands): Wah Yan Mo Fan Heung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 June 2025
Case Number
HCMP1439/2021
Procedural Posture
Civil Writ Action Converted From Originating Summons; Interlocutory Injunction Application / Interlocutory Hearing Pending Trial of Membership Proceedings and Substantive Proceedings
Outcome
Interlocutory injunction continued until determination of the Membership Proceedings and the Originating Summons or until further order; costs nisi in the cause with certificate for two counsel to be made absolute in 14 days.
Legal Topics
Validity of Managers' Appointments Under NTO S.15, Membership Disputes of a Tso/tong, Validity of Lease and Tenancies, American Cyanamid Interlocutory Injunction Test, Self Help Evictions Vs Legal Process, Receivership/interim Relief
Source Language
EN
New Territories Law Land and Property Civil Procedure Interlocutory Relief Company Law (sham Transactions) Validity of Managers' Appointments Under NTO S.15 Membership Disputes of a Tso/tong Validity of Lease and Tenancies American Cyanamid Interlocutory Injunction Test +2 more

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Parties

Ng Chung Ying Daydes

Plaintiff (member Suing on Behalf of Heung Members)

1st Defendant

1st Defendant (registered Manager)

2nd Defendant

2nd Defendant (lessee Under Tinting Lease)

Wah Yan Mo Fan Heung

Heung (tso/tong Holding Lands)

Procedural Posture

Civil Writ Action Converted From Originating Summons; Interlocutory Injunction Application / Interlocutory Hearing Pending Trial of Membership Proceedings and Substantive Proceedings

Legal Issues

  1. 1 Whether there is a serious question to be tried regarding membership and the validity of managerial resolutions and the Tinting Lease
  2. 2 Whether the balance of convenience favors interlocutory relief preserving the status quo
  3. 3 Whether damages are an adequate remedy and whether defendant can satisfy an undertaking as to damages

Ratio Decidendi

The court continued the interlocutory injunction because there are serious issues to be tried concerning membership and the validity of managerial resolutions and the Tinting Lease which cannot be resolved at interlocutory stage; the balance of convenience favors preserving the status quo pending determination of the Membership Proceedings and the substantive action; plaintiff's claim and the risk of uncompensatable injury justified continuation of the injunction.

Court Disposition

Interlocutory injunction continued until determination of the Membership Proceedings and the Originating Summons or until further order; costs nisi in the cause with certificate for two counsel to be made absolute in 14 days.

Orders

  • Costs nisi in the cause with certificate for two counsel to be made absolute in 14 days.