21 May 2024
SHUM CHUN TUNG v. TO YING LAM AILEEN AND ANOTHER
- Citation
- [2024] HKDC 795
- Court
- District Court
- Case number
- DCCJ2785/2022
The application for an interlocutory injunction was refused because plaintiff failed to produce objective contemporaneous evidence demonstrating the alleged nuisance continued after 4 October 2023; oral assertions at the bar lacked weight; the proposed abatement measures were unproven and there was a real risk the injunction would unduly infringe the defendant’s enjoyment of her flat; accordingly the balance of convenience favoured refusal and costs were ordered against the plaintiff.