Hong Kong Case Law: Decisions & Judgments

Topic

Interlocutory and final injunctions

Legal area

Court

13 Dec 2019

張月清 v. TSUI YIU HEI

Citation

[2019] HKCFI 2970
Court

Court of First Instance
Case number

HCMP845/2019

On proper construction §6b did not compel production of the defendant's personal copy of the Assignment of Debt so contempt on HCMP 602/2019 not proved beyond reasonable doubt; however §5c(ii) of the Final Injunction clearly prohibited the defendant from acting in relation to the PRC subsidiary and its assets wherever located, and contemporaneous notarized instruction and PRC filings signed/acted on by defendant's PRC lawyers proved he caused the police report and PRC court applications in 2017 and 2018 in purported exercise of beneficial ownership, satisfying the requisite intentional conduc…
26 Sept 2014

THE POOL CO LTD v. SINO RISE REALTY LTD AND ANOTHER

Citation

THE POOL CO LTD v. SINO RISE REALTY LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1755/2012

Summary judgment was refused because defendants demonstrated triable issues: for D1 there were disputed factual questions on foreseeability, steps taken and whether any non-delegable duty or authorization existed; for D2 there were disputes on causation of damage, adequacy of remedial measures after the interim injunction and whether wrongful acts persisted after injunction; further no sufficient evidence justified a final injunction against D2 given completion of works and absence of risk of repetition. The matter must proceed to trial.
13 Aug 2014

TAM SEEN MANN ESTEFANIA v. CHAN NORMAN AND ANOTHER

Citation

TAM SEEN MANN ESTEFANIA v. CHAN NORMAN AND ANOTHER
Court

Court of First Instance
Case number

HCA726/2011

The Court held that, binding on local precedent, there is no tort of harassment under Hong Kong common law; however the defendant’s conduct (repeated shouting, aggressive gestures and spray‑painting) amounted to assault and the defendants caused actionable nuisance by excessive noise; accordingly tailored injunctions were granted to protect the plaintiffs and counterclaims were dismissed with a costs order nisi against the defendants.
7 Jan 2013

BILLION STAR DEVELOPMENT LTD v. WONG TAK CHUEN AND OTHERS

Citation

BILLION STAR DEVELOPMENT LTD v. WONG TAK CHUEN AND OTHERS
Court

Court of Appeal
Case number

CACV49/2012

Because the appellant is impecunious and the respondent demonstrated a real risk of undue delay and expense in enforcing any costs order, and because the appellant's asserted countervailing factors (merits, set-off, and delay) were insufficient, the court exercised its discretion to order security for costs on appeal in the sum of HKD 450,000.

Hong Kong Case Law

張月清 v. TSUI YIU HEI

THE POOL CO LTD v. SINO RISE REALTY LTD AND ANOTHER

TAM SEEN MANN ESTEFANIA v. CHAN NORMAN AND ANOTHER

BILLION STAR DEVELOPMENT LTD v. WONG TAK CHUEN AND OTHERS