5 Dec 2005
CHIU HUNG SHUN, PAUL AND ANOTHER v. SO KA TAI AND ANOTHER
- Citation
- CHIU HUNG SHUN, PAUL AND ANOTHER v. SO KA TAI AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV136/2005
The Judge erred in dismissing the Plaintiffs\' summons and in permitting the Defendants to seek judgment under O.27 r.3 against themselves; the proper remedy was a mandatory injunction to require rectification of the leakage and entry for inspection was a necessary, limited undertaking to effect that remedy; a permanent injunction was not justified on the facts; the appointment of a surveyor with final and conclusive powers was not appropriate absent consent; and costs were adjusted to reflect partial success, awarding the plaintiffs specified percentages rather than indemnity costs.