26 Sept 2014
THE POOL CO LTD v. SINO RISE REALTY LTD AND ANOTHER
- Citation
- THE POOL CO LTD v. SINO RISE REALTY LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1755/2012
Summary judgment was refused because defendants demonstrated triable issues: for D1 there were disputed factual questions on foreseeability, steps taken and whether any non-delegable duty or authorization existed; for D2 there were disputes on causation of damage, adequacy of remedial measures after the interim injunction and whether wrongful acts persisted after injunction; further no sufficient evidence justified a final injunction against D2 given completion of works and absence of risk of repetition. The matter must proceed to trial.