Hong Kong Case Law: Decisions & Judgments

Topic

Injunctions

Legal area

Court

20 Apr 2026

CHAN FONG KIT v. SZE NGAN CHAI FROZEN MEAT LTD

Citation

[2026] HKDC 494
Court

District Court
Case number

DCCJ607/2019

Plaintiff failed to prove intentional or persistent trespass or obstruction by SNC; observed instances were temporary, often directed by IO security in a congested approved common area and fall within de minimis interference; IO acted within its DMC and statutory powers in managing loading/unloading and requiring measures (eg leaving keys) and did not breach duties. Consequently all claims (declarations, injunctions, damages) were dismissed and costs awarded to defendants.
17 Apr 2026

WONG TO YICK WOOD LOCK OINTMENT LTD v. SUN ASCENT DEVELOPMENT LTD AND ANOTHER

Citation

[2026] HKCFI 2374
Court

Court of First Instance
Case number

HCIP47/2024

The court allowed the 3rd Defendant to withdraw prior admissions and amend her defence because the withdrawals were arguable, made in good faith, explicable on the facts, and the 3rd Defendant's current case (nominee director with no participation or blind-eye knowledge) had a reasonable prospect of success; accordingly summary judgment against the 3rd Defendant was refused and unconditional leave to defend was granted; judgment was entered against the 1st, 2nd and 5th Defendants who did not contest liability, subject to refusal of an overly vague blanket injunction.
20 Nov 2025

SUNG CHUNG KWUN AND OTHERS v. ADDCHANCE HOLDINGS LTD (NOW KNOWN AS “GTI HOLDINGS LTD”) AND OTHERS

Citation

[2025] HKCFI 5216
Court

Court of First Instance
Case number

HCA2385/2017

Plaintiffs failed to prove the existence of the alleged binding AHL Sale Agreement and the SMA/CRA and therefore failed to establish fiduciary duties or contractual obligations on Poon that would prevent enforcement; on accepted facts the Second Mortgage was validly executed and assigned to CFGL, and CFGL is entitled to enforce it against ADFL — judgment for defendants and in favor of CFGL for payment, possession, power of sale and account for rents.
24 Oct 2025

黃富英對袁景熹及另三人

Citation

[2025] HKCFI 5068
Court

Court of First Instance
Case number

HCA2612/2014

The court found on the balance of evidence that the plaintiff established adverse possession and title to Lot 314 but failed to prove continuous exclusive possession of Lots 312-313 for the requisite period. Key reasons: aerial photographs and joint expert reports demonstrated third‑party access, signs of cultivation by others and absence or removal of buildings/fencing during critical periods; alleged chicken‑farming and tree planting did not prove exclusive possession of Lots 312‑313. Consequently the plaintiff's claim against the registered owner of 312‑313 failed and the registered owner’…
16 Oct 2025

THE INCORPORATED OWNERS OF GOLDEN COURT v. FLYWAY INVESTMENT LTD

Citation

[2025] HKLdT 60
Court

Lands Tribunal
Case number

LDBM122/2020

The Cover Yard and associated staircases/walls are common parts under the DMC and BMO; the Staircase Wall opening and sanitary installations in the Cover Yard are unauthorised building works and breaches of the DMC and BMO; the IO did not have requisite knowledge to be estopped by acquiescence in respect of the Cover Yard alterations and the respondent cannot rely on acquiescence or waiver; mandatory injunctions to reinstate the common parts and removal of UBWs are granted and mesne profits for trespass are payable, to be quantified per directions.
22 Sept 2025

SUM, SIMON, the administrator of the Estate of SUM TIN SANG alias TIN SANG SUM, deceased AND ANOTHER v. SUM AH KIU

Citation

[2025] HKCFI 4428
Court

Court of First Instance
Case number

HCA2029/2020

On the balance of probabilities the parties formed the Agreement and shared the Common Intention that Raymond would have the beneficial interest in the Relevant Floors; the Deceased paid the construction costs and acted to his detriment in reliance on that intention; it would be unconscionable for the Defendant to deny the beneficial interest; the illegality defence fails under the Patel v Mirza range-of-factors approach given the family, non-commercial context and aims of the Small House Policy; accordingly the Defendant holds the Relevant Floors on constructive trust for Raymond and must tr…
18 Aug 2025

CHAN KA FOOK v. CHAN CHOI KWONG

Citation

[2025] HKDC 1362
Court

District Court
Case number

DCCJ6022/2020

The written Agreement of 16 May 2008 contained the ownership allocation (including the ground floor and garden to the plaintiff); the defendant failed to prove unilateral mistake or forgery; the agreement was not unenforceable for illegality because there was no misrepresentation to government and the case is a 'jump the gun' scenario; the plaintiff acquired an equitable beneficial interest by paying construction costs and the defendant holds the relevant parts on trust; specific performance to transfer legal title and an injunction for trespass are appropriate remedies; nominal damages award…
29 May 2025

TSE YUN LAM ARIES v. C & T LEGAL LLP (a firm)

Citation

[2025] HKCFI 2342
Court

Court of First Instance
Case number

HCMP1044/2024

No special circumstances within s67(2) were established: the bill was sufficiently particular; allegations of overcharging, duplication and clerical charging were unsubstantiated given the urgency and complexity of the injunction work; unpaid counsel's fees did not constitute special circumstances; failure to advise of the right to tax was not triggered. Accordingly the originating summons for taxation was dismissed.
13 May 2025

LEUNG KIT SANG AND ANOTHER v. THE INCORPORATED OWNERS OF BLOCKS E AND E1 OF NORTH POINT VIEW MANSION

Citation

[2025] HKDC 787
Court

District Court
Case number

DCCJ3865/2021

The phrase ‘Ground Floors … in Block E and E1’ in the 1961 Assignment was construed to mean only the roofed‑over ground floor (the Covered Area) and not the surrounding open external area; the Open Area is common parts under the DMC and the Building Management Ordinance and the plaintiffs’ enclosure and Structure constitute unauthorized building works not exempt under s.41(3) of the Buildings Ordinance, entitling the incorporated owners to declarations, injunctions, demolition and nominal damages.