11 Jul 2018
徐學仲及另一人 對 符燕敏
- Citation
- [2018] HKDC 803
- Court
- District Court
- Case number
- DCCJ4956/2014
The interlocutory mandatory injunction was refused because the plaintiff failed to demonstrate the high degree of assurance of success required for such mandatory relief and, crucially, lacked standing to bring proceedings in respect of what is prima facie a common part (soil/sewer pipe) which enforcement must be undertaken by the owners' corporation; consequently the plaintiff cannot directly compel the defendant. The defendant's unilateral application by letter was procedurally invalid and therefore dismissed.