Hong Kong Case Law: Decisions & Judgments

Topic

Injunctive and declaratory relief

Legal area

Court

16 Feb 2021

GRAND PLANET LTD v. THE INCORPORATED OWNERS OF LUCKY COMMERICAL CENTRE

Citation

[2021] HKDC 198
Court

District Court
Case number

DCCJ1424/2020

The court refused to make an unless order and dismissed the plaintiff's summons because the defendant had made substantive disclosure (eight documents and two further documents), there was no clear evidence of additional documents, any non-compliance was minor and technical, the plaintiff suffered no prejudice that would deprive it of a fair trial, and striking out would be disproportionate; the defendant's application for an extension to file an amended defence was granted.
24 Oct 2019

WHC LTD t/a WINE HIGH CLUB AND OTHERS v. HONG KONG WINE CHAMBER OF COMMERCE LTD AND ANOTHER

Citation

[2019] HKCFI 2548
Court

Court of First Instance
Case number

HCMP758/2019

The court found the exclusion of the 77 new members who had applied and paid before the stated deadline was wrong and sufficiently material to require setting aside the AGM election for the Executive Committee; other complaints (including alleged bad faith and replacement of election helpers) were not made out; the appropriate remedy was to declare the EC election void, order a new AGM/EGM within 60 days and maintain the Old EC (including Ho) until that meeting; costs to be no order nisi.
13 Dec 2002

LEUNG PING v. CHENG PAN

Citation

LEUNG PING v. CHENG PAN
Court

District Court
Case number

DCCJ466/2002

The court held that although the cockloft was an illegal structure, the plaintiff remained the rightful owner of the space and could enforce his proprietary rights; the defendant committed trespass and nominal damages were awarded; the counterclaim under clause 8 of the 1958 DMC failed because the plaintiff was not a party or successor to the DMC and there was no proof of structural alteration or damage to a main wall; costs awarded to the successful parties on the usual basis and indemnity costs denied.

Hong Kong Case Law

GRAND PLANET LTD v. THE INCORPORATED OWNERS OF LUCKY COMMERICAL CENTRE

WHC LTD t/a WINE HIGH CLUB AND OTHERS v. HONG KONG WINE CHAMBER OF COMMERCE LTD AND ANOTHER

LEUNG PING v. CHENG PAN