Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Res judicata / estoppel
  • 23 Dec 2021

    MEMORAN CO LTD v. THE INCORPORATED OWNERS OF MEI HING MANSION

    Citation
    [2022] HKCFI 50
    Court
    Court of First Instance
    Case number
    HCCT18/2020

    The court held the prior recorder had substantively adjudicated the plaintiff’s Order 14 application by replacing the sought injunctions with declarations; the plaintiff is therefore estopped from re‑making essentially the same Order 14 application and that application is dismissed. The court refused summary judgment because factual disputes and an arguable defence precluded summary determination. However, on balance of convenience and risk of physical danger to occupants, the court granted an interlocutory mandatory injunction subject to specified undertakings and procedural steps and awarde…