24 Jun 2019
FANTASTIC STATE LTD v. TIEN’S ORGANIC FARM AND OTHERS
- Citation
- [2019] HKCA 687
- Court
- Court of Appeal
- Case number
- CACV77/2019
The Court held that omission of the approval clause in Special Condition 30(a) and misleading evidence about connection and historical vehicular use were material non-disclosures which were not satisfactorily explained; on the available evidence the defendants had not shown a serious issue to be tried either on express grant under Condition 30(a) or on prescription for vehicular access; exercising its discretion afresh the Court discharged the interlocutory injunction and awarded costs nisi to the plaintiff.