2 Sept 2015
SHEK SZE MING AND OTHERS v. YIU YUET SIM
- Citation
- SHEK SZE MING AND OTHERS v. YIU YUET SIM
- Court
- District Court
- Case number
- DCCJ244/2013
The court found defendant had exclusive possession and control of the Upper Temple and therefore the temple was private; plaintiffs failed to establish that utilities supply was a right common to the public, that disconnection created a public-hazardous state of affairs, or that they suffered particular substantial damage beyond the public; defendant acted with justificatory reasons (unpaid bills, unauthorized abstraction, safety/repair issues); therefore plaintiffs' public nuisance claim was dismissed. The court found Mr Po authorized or controlled locking the door and gate and had trespasse…