Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Injunction to compel repairs
  • 10 Feb 2021

    CHAN PAK WING 及另一人 對 CHU HSIAO LAN

    Citation
    [2021] HKDC 183
    Court
    District Court
    Case number
    DCCJ6400/2019

    Because the claim and supporting pleadings were served and on their face established a continuing leakage caused by the defendant's unit constituting nuisance/negligence and breach of relevant building obligations, and because the defendant failed to file a defence despite court orders, the court exercised its discretion under Order 19 r.7 to enter judgment for the plaintiffs and grant injunctive relief to compel repairs and preventive measures; the pending leave to appeal did not operate as a stay and had no reasonable prospect of success.