13 Jul 1994
WING MING GARMENT FACTORY LTD. v. THE INCORPORATED OWNERS OF WING MING INDUSTRIAL CENTRE and Another
- Citation
- WING MING GARMENT FACTORY LTD. v. THE INCORPORATED OWNERS OF WING MING INDUSTRIAL CENTRE and Another
- Court
- Court of Appeal
- Case number
- CACV22/1994
Even if a breach of an exclusive right under the deed of mutual covenant is established, an appellate court will not disturb a lower judge's refusal of a mandatory interlocutory injunction absent clear error; here discretionary factors (lack of urgency, minimal encroachment on cockloft, ability to assess damages, need to maintain essential services and uncertainty that trial will grant mandatory relief) justified refusing the interlocutory mandatory order, so the appeal is dismissed.