Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Injunctions (mandatory and prohibitory)

Legal area

Court

22 May 2019

MULTI RICH FAR EAST LTD v. HUI SO LING AND ANOTHER

Citation

[2019] HKCFI 1363
Court

Court of First Instance
Case number

HCA2088/2018

The application was refused because the alleged illegal structures were inadequately identified in the pleadings and plan (no definitive description or dimensions), plaintiff did not establish any exception to the normal rule against making declarations without trial, and the court declined to exercise its discretion under Order 19 r.7 to grant declarations or injunctions in default.
20 Jul 2012

PERECT CHINA INTERNATIONAL LTD v. CHAN YAT SIU AND ANOTHER

Citation

PERECT CHINA INTERNATIONAL LTD v. CHAN YAT SIU AND ANOTHER
Court

Lands Tribunal
Case number

LDBM24/2011

The applicant was found to have encouraged and been aware of the respondents' illegal works and both parties possessed illegal structures; applicant failed to prove structural danger; equity demands denial of equitable relief to a party without clean hands — accordingly declarations of breach were granted but equitable injunctions were refused due to acquiescence and clean hands.