Hong Kong Case Law: Decisions & Judgments

Topic

Particular substantial and direct damage

Legal area

Court

20 Jan 2015

ALL CHINA EXPRESS LTD v. KWOK CHEUK KIN AND OTHERS

Citation

ALL CHINA EXPRESS LTD v. KWOK CHEUK KIN AND OTHERS
Court

Court of First Instance
Case number

HCMP3292/2014

The applicant failed to comply with Order 59 rule 2A and did not identify any arguable error in the judge's finding that there were serious issues to be tried; the contested legal question on particular, substantial and direct damage is unsuitable for resolution at the leave stage; accordingly leave is refused and the application is dismissed as totally without merit with an order under Order 59 r.2A(8).
1 Dec 2014

KWOON CHUNG MOTORS CO LTD v. KWOK CHEUK KIN AND OTHERS

Citation

KWOON CHUNG MOTORS CO LTD v. KWOK CHEUK KIN AND OTHERS
Court

Court of First Instance
Case number

HCA2222/2014

Kwoon Chung's application failed because its pecuniary loss was trivial and it did not show particular, substantial and direct damage; ACE raised a serious issue to be tried on particular, substantial and direct damage (significant loss of turnover and service disruption) and damages were inadequate in the interim; on balance of convenience an interlocutory injunction should be granted to ACE to prevent continued unlawful occupation of specified road sections pending trial, with directions to enable precise delineation of the area and enforcement assistance.
15 Nov 2014

LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND ANOTHER

Citation

LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND ANOTHER
Court

Court of First Instance
Case number

HCMP2975/2014

Leave to appeal was refused because there was no reasonable prospect of success; the judge was right to find a serious issue to be tried that the plaintiffs suffered particular, substantial and direct damage and to continue interlocutory injunctions after weighing s21L discretionary factors (serious question, adequacy of damages, balance of convenience), including that protesters had no rightful claim to occupy and obstruct the highways.
10 Nov 2014

GOLDON INVESTMENT LTD v. PERSONS WHO ERECTED OR PLACED OR MAINTAINED OBSTRUCTIONS OR OTHERWISE DO ANY ACT TO CAUSE OBSTRUCTION, OR TO PREVENT OR HINDER THE CLEARANCE AND REMOVAL OF THE OBSTRUCTIONS AT THE ENTRANCES OR EXITS OF CITIC TOWER, 1. TIM MEI AVENUE, CENTRAL, HONG KONG (“CITIC TOWER”), AND/OR THE VEHICULAR/PEDESTRIAN PASSAGEWAY AT TIM MEI AVENUE AND/OR LUNG WUI ROAD WHICH BLOCK VEHICULAR OR PEDESTRIAN ACCESS TO CITIC TOWER AND ANOTHER

Citation

GOLDON INVESTMENT LTD v. PERSONS WHO ERECTED OR PLACED OR MAINTAINED OBSTRUCTIONS OR OTHERWISE DO ANY ACT TO CAUSE OBSTRUCTION, OR TO PREVENT OR HINDER THE CLEARANCE AND REMOVAL OF THE OBSTRUCTIONS AT THE ENTRANCES OR EXITS OF CITIC TOWER, 1. TIM MEI AVENUE, CENTRAL, HONG KONG (“CITIC TOWER”), AND/OR THE VEHICULAR/PEDESTRIAN PASSAGEWAY AT TIM MEI AVENUE AND/OR LUNG WUI ROAD WHICH BLOCK VEHICULAR OR PEDESTRIAN ACCESS TO CITIC TOWER AND ANOTHER
Court

Court of First Instance
Case number

HCA2094/2014

The court found plaintiffs had at least a triable case that they suffered particular, substantial and direct damage from the public nuisance and that damages would be inadequate; accordingly the balance of convenience favoured continuation of the interlocutory injunctions (Mongkok Injunctions and CITIC Tower Injunction). The court further held it was appropriate to direct bailiffs to assist enforcement and to include a police authorisation allowing officers to arrest persons reasonably suspected of obstructing bailiffs (criminal contempt) provided the person is warned, and ordered costs again…

Hong Kong Case Law

ALL CHINA EXPRESS LTD v. KWOK CHEUK KIN AND OTHERS

KWOON CHUNG MOTORS CO LTD v. KWOK CHEUK KIN AND OTHERS

LAI HOI PING AND ANOTHER v. PERSONS OCCUPYING PORTIONS OF NATHAN ROAD NEAR TO AND BETWEEN ARGYLE STREET AND DUNDAS STREET TO PREVENT OR OBSTRUCT NORMAL VEHICULAR TRAFFIC FROM PASSING AND REPASSING THE OCCUPIED AREAS AND ANOTHER