14 Mar 2011
SHING LUEN FAT v. SHING CHI PING
- Citation
- SHING LUEN FAT v. SHING CHI PING
- Court
- District Court
- Case number
- DCCJ3789/2010
The court found there was a serious question to be tried on adverse possession and prescriptive right of way and that the balance of convenience favoured the Plaintiff because access to his main entrance was blocked by the iron scaffold, the Defendant had no imminent use for the land, removal of the scaffold would not be irreversible or substantially costly, and the risk of injustice to the Defendant was outweighed by the interim prejudice to the Plaintiff; accordingly an interlocutory injunction restraining interference and a mandatory order to remove the iron scaffold within 48 hours were g…