Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Interim injunctions and undertakings

Legal area

Court

27 Dec 2013

GOLDEN ADVERTISING CONSULTANCY LTD vBUILDING AUTHORITY

Citation

GOLDEN ADVERTISING CONSULTANCY LTD vBUILDING AUTHORITY
Court

Court of First Instance
Case number

HCAL148/2013

The Building Authority validly served the building orders on EGL/HKTAL in accordance with section 24(2)(c) BO; s24(2)(c) establishes a priority scheme and does not create a duty to re-serve or to serve every subsequently emerging Category (i) person before enforcement; the applicants failed to show a reasonably arguable case on any ground (statutory duty, mistake of fact, deprivation of appeal, irrelevant considerations or irrationality) and leave is refused.
8 Jun 2012

GRANT THORNTON INTERNATIONAL LTD v. JBPB & CO (a partnership)

Citation

GRANT THORNTON INTERNATIONAL LTD v. JBPB & CO (a partnership)
Court

Court of First Instance
Case number

HCMP1284/2011

The Subject Applications were dismissed because the Consent Orders had been perfected and the court was functus officio; the correct remedy to challenge perfected consent orders is to bring a fresh action to set them aside, and even if residual jurisdiction existed the court should not exercise it before resolution of the Internal Dispute Action; additionally, granting the applications would unjustifiably prejudice other partners and third parties by frustrating a negotiated settlement where the minority offered no security or undertaking and had alternative remedies.