29 Mar 2018
HAU CHO SHING v. HAU CHI WING AND OTHERS
- Citation
- [2018] HKCFI 686
- Court
- Court of First Instance
- Case number
- HCA167/2016
The defendants' strike-out application in respect of the Easement Claim is dismissed because it is arguable that s16 C&PO permits appurtenant easement rights to pass with an assignment notwithstanding attempts to prevent enjoyment immediately before assignment, disputed factual issues (tenancy, exclusivity, alleged collusion) cannot be resolved on strike-out, and the allegations of frivolousness, abuse and unclean hands are not sufficiently established to defeat the claim; consequently the application to discharge paragraph 2 of the interlocutory injunction also fails on the evidence presente…