Hong Kong Case Law: Decisions & Judgments

Topic

Mandatory injunction standard

Legal area

Court

24 Nov 2023

李明實 AND OTHERS v. ACE LEAD PROFITS LTD AND ANOTHER

Citation

[2023] HKCFI 3038
Court

Court of First Instance
Case number

HCA597/2021

Plaintiffs established a serious question to be tried but did not show the high degree of assurance required for a mandatory interlocutory injunction and failed to demonstrate that the balance of convenience favoured preserving the disputed shares; defendants' undertaking to abstain from voting removed the urgent need for the injunction; accordingly the injunction summons was dismissed with costs.
20 Apr 2005

SERENE INTERNATIONA LTD AND OTHERS v. WINSWAY INC. AND OTHERS

Citation

SERENE INTERNATIONA LTD AND OTHERS v. WINSWAY INC. AND OTHERS
Court

Court of First Instance
Case number

HCMP3216/2004

The petitioners failed to show the strong prima facie case required for mandatory interlocutory relief in relation to the Removal Resolution and SACIB application, and the balance of convenience favored refusal (status quo would be altered, directors' term was due to expire, Liuzhou Century's licence and operations were suspended causing likely irreparable loss); accordingly the interlocutory injunctions were refused and costs awarded to respondents.
10 Oct 2003

GOLDEN TIMES ASIA LTD v. MAK YIU CHEUNG

Citation

GOLDEN TIMES ASIA LTD v. MAK YIU CHEUNG
Court

Court of First Instance
Case number

HCA3523/2003

The application was dismissed because the plaintiff failed to establish a good or strong prima facie case as to its authority to bring proceedings (significant doubt that Yu was validly appointed and no evidence of a properly convened directors' meeting or notice), and on the balance of convenience the evidence did not show irreparable harm to the company while there was real risk of misuse of funds by Tseng and Yu and no cross‑undertaking; accordingly the mandatory relief sought could not be granted.

Hong Kong Case Law

李明實 AND OTHERS v. ACE LEAD PROFITS LTD AND ANOTHER

SERENE INTERNATIONA LTD AND OTHERS v. WINSWAY INC. AND OTHERS

GOLDEN TIMES ASIA LTD v. MAK YIU CHEUNG