Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Injunction

  • 28 Apr 2026

    LEE WOON PING v. SMART DRAGON ASIA PACIFIC LTD

    Citation
    [2026] HKDC 754
    Court
    District Court
    Case number
    DCCJ844/2020

    On the evidence the court inferred that seepage at least partly originated from Flat 5E: abatement of seepage when flushwater supply to Flat 5E was suspended, high chloride content and dye (fluorescein) observed on plaintiff's ceiling and expert findings established a causal link to Flat 5E's flushwater/floor drainage; the defendant knew or ought to have known and failed to take reasonable steps to repair; therefore defendant liable in nuisance and negligence and injunctive relief and damages were appropriate.

  • 17 Apr 2026

    YAM WING CHIU v. WONG YEE LING AND ANOTHER

    Citation
    [2026] HKDC 632
    Court
    District Court
    Case number
    DCCJ1047/2022

    The published WhatsApp statements were defamatory and caused reputational harm and loss of volunteer status; having assessed gravity, limited audience (~60), absence of apology and the plaintiff's verified distress, compensatory general damages of HK$180,000 were appropriate; exemplary damages refused because there was no evidence of profit motive or outrageous contumelious conduct warranting additional punishment.

  • 13 Apr 2026

    NG YIM WAH 對 TSO KIM KUM

    Citation
    [2026] HKDC 600
    Court
    District Court
    Case number
    DCCJ6238/2025

    The application was refused because the plaintiff failed to prove that the summons was validly served in accordance with Order 10 of the Rules; placing the documents in a pouch at the defendant's gate when no letterbox existed did not satisfy the prescribed methods of service, and therefore the precondition for registration of a non-trial judgment was not met.

  • 10 Apr 2026

    黃天昕 v. 關劍麟

    Citation
    [2026] HKDC 787
    Court
    District Court
    Case number
    DCCJ771/2025

    Default judgment was granted only for specific performance of the Separation Agreement as pleaded because (a) service and notice were properly effected and Defendant had not contested; (b) the pleaded case, taken as admitted on default, entitled Plaintiff to specific performance of the obligation to transfer the identified Mainland Property and Car Park; (c) declarations and injunctions were refused because the declarations sought were unnecessary and overly wide and there were insufficient pleaded facts to ground an injunction; (d) claims for damages were dismissed for lack of pleaded partic…

  • 20 Mar 2026

    TAM CHUN PONG v. LEUNG SIU CHING AND ANOTHER

    Citation
    [2026] HKDC 488
    Court
    District Court
    Case number
    DCCJ6548/2025

    Defendants were duly served and defaulted; evidence including expert report established that leakage originated from defendants' premises and constituted a nuisance/breach of statutory and contractual duties; therefore interlocutory judgment on liability was entered for the plaintiff, damages to be assessed, and a mandatory injunction ordering defendants to effect necessary remedial works within a court-fixed timeframe was appropriate, with costs awarded to the plaintiff.

  • 5 Feb 2026

    SAM HEI TAI HING FOODS CO LTD AND ANOTHER v. THE INCORPORATED OWNERS OF WAFORD INDUSTRIAL BUILDING

    Citation
    [2026] HKCFI 781
    Court
    Court of First Instance
    Case number
    HCA1417/2019

    The Deed of Mutual Covenant permits the IO to designate loading/unloading areas and to make house rules subject to reasonableness; the plaintiffs failed to establish estoppel by convention from alleged long usage; the IO's ban on forklifts, one‑way traffic rule and use of barriers were within the IO's reasonable management powers except for the additional bar installation which was targeted and unreasonable; both sides engaged in unreasonable conduct amounting to private nuisance and only nominal damages are appropriate; injunctive reliefs claimed by either side are denied and costs reserved…

  • 30 Jan 2026

    CHAN MUN YEE 對 LAI WING KAI 及另一人

    Citation
    [2026] HKDC 171
    Court
    District Court
    Case number
    DCCJ5217/2021

    On the evidence overall (consultant reports, infrared/microwave/EY wet testing, water authority findings and the plaintiff's expert), the plaintiff established on the required probability standard that the seepage into 10F originated from the defendants' 11F guest bathroom floor slab and defective waterproofing and/or leaking internal water pipework; defendants therefore liable in nuisance and negligence and for breach of the Supplemental Deed of Mutual Covenant and Building Management Ordinance obligations. The court lifted the automatic Legal Aid Ordinance s15 stay as the defendants' late a…

  • 21 Jan 2026

    WONG KWAI FA AND ANOTHER v. 陳慶文

    Citation
    [2026] HKDC 35
    Court
    District Court
    Case number
    DCCJ6008/2024

    The plaintiffs were ordered to pay the defendant's costs of the withdrawn summary judgment summons because prior correspondence and the defendant's position demonstrated factual disputes (consent to occupy and change of lock) which made summary judgment plainly inappropriate; costs assessed and reduced to a reasonable figure of HK$67,000.00 with a certificate for counsel.

  • 31 Dec 2025

    LAI TUN YU AND ANOTHER v. NG HUNG MING as the EXECUTOR OF THE ESTATE OF LAU YING HING, DECEASED AND ANOTHER

    Citation
    [2025] HKDC 2132
    Court
    District Court
    Case number
    DCCJ270/2022

    On the balance of probabilities the court accepted that dyed ponding and moisture measurements demonstrated leakage from the 3/F Unit floor slab (bathroom/kitchen) to the 2/F Unit as of 19 September 2023, but the 2nd Defendant did not have actual or constructive knowledge after she became registered owner and acted reasonably in relying on JO investigations and cooperating with inspections; therefore she was not liable for continued leakage post‑purchase and the Plaintiffs' claim against her was dismissed.

  • 24 Nov 2025

    RE HONG KONG AVIATION SUPPORT AND DEVELOPMENT ASSOCIATION LTD

    Citation
    [2025] HKCFI 5909
    Court
    Court of First Instance
    Case number
    HCCW376/2025

    Because the Court of Appeal dismissed the Company's appeal against refusal of an injunction, any dispute about the grounds for restraining presentation was rendered academic and the Court therefore made a winding up order; costs of HK$190,000 were summarily assessed and ordered to be paid out of the Company's assets.