Hong Kong Case Law: Decisions & Judgments

Topic

Status quo

Legal area

Court

22 Sept 2022

TSUNG TSIN ASSOCIATION AND ANOTHER v. LAI KWOK WAI AND OTHERS

Citation

[2022] HKCA 1409
Court

Court of Appeal
Case number

CAMP170/2022

Leave to appeal was refused because even if a serious question to be tried could be identified for the 1st plaintiff, the balance of convenience plainly favoured refusing an interlocutory injunction to grant unrestricted access to a functioning school; the Judge's exercise of discretion was not plainly wrong and the Court would not have reached a different view on balance of convenience.
4 Jun 2021

GOLDEN TALENT (HK) TECHNOLOGY CO LTD v. CAPITAL PILOT LTD

Citation

[2021] HKCFI 1624
Court

Court of First Instance
Case number

HCA823/2021

The application for interim‑interim relief was declined because the court was not satisfied the Plaintiff was likely to succeed at trial given the express terms of the Memorandum and Authorization Agreement which conferred irrevocable voting rights to the Defendant for a specified 42‑month term; the alleged urgency was self‑engineered and the balance of convenience favored maintaining the status quo under the Authorization Agreement pending a substantive hearing.
22 Jan 2020

BHATTI BHUPINDER SINGH v. LEE CHIU TAK AND OTHERS

Citation

[2020] HKDC 100
Court

District Court
Case number

DCCJ5119/2018

The application for leave to appeal was dismissed because none of the proposed grounds had a reasonable prospect of success: the judge found sufficient pleaded and corroborative evidence to establish a serious question to be tried and a quia timet risk of repetition; the balance of the risk of injustice favored granting an injunction narrowly framed to mirror Noise Control Ordinance s4; and the 3rd defendant, as owner and occupier, could properly be enjoined for failure to prevent or permit nuisance.
9 Dec 2019

SUNTERLY LTD v. THE INCORPORATED OWNERS OF FAR EAST MANSION

Citation

[2019] HKCFI 2917
Court

Court of First Instance
Case number

HCA1049/2019

Although there were serious questions to be tried, the injunction sought would not prevent the complained-of obstruction because the escalator was already installed and halting works would preserve the obstruction; photos and contractor evidence showed works near completion and the balance of convenience favoured completion rather than stopping works; Sunterly had delayed and the relief sought was therefore ineffective — interlocutory injunction refused and costs awarded to the IO.
5 Jul 2019

CS v. WCT

Citation

[2019] HKFC 161
Court

Family Court
Case number

FCMC1930/2019

On balance and applying the best interests principle, given interim shared care arrangements, the potential stress of a major school change for very young children, unresolved factual disputes that did not justify overturning status quo, the father's summons for leave to transfer the children to Harrow was dismissed and the children were ordered to continue at their current schools.
2 Jul 2019

R, MJ v. OAM, also known as R, AO

Citation

[2019] HKFC 173
Court

Family Court
Case number

FCMC4362/2016

Leave to appeal refused because the father did not demonstrate a reasonable prospect of success or any other interest of justice; the trial judge properly applied the law, made discretionary findings after seeing witnesses, gave adequate reasons, and the custody decision in favour of the mother was not plainly wrong and was in the child's best interests.
29 May 2019

F v. W

Citation

[2019] HKFC 137
Court

Family Court
Case number

FCMC6824/2016

On balance and applying the paramountcy of the child's best interests, the court accepted and relied on the Social Investigation Reports and the evidence that the mother was more attuned to Y's special needs, had organised and engaged in effective educational and therapy programs, and maintained a closer attachment beneficial for a young autistic child; both parents could provide physical and emotional care but the mother's demonstrated ability to meet Y's educational and training needs justified awarding sole care and control to her while preserving joint custody and granting reasonable acce…
12 Mar 2019

HARBOUR FRONT LTD v. MONEY FACTS LTD AND OTHERS

Citation

[2019] HKCFI 567
Court

Court of First Instance
Case number

HCMP1987/2018

Leave to appeal was refused because the applicant failed to show that the judge erred in law or principle, took into account irrelevant matters, or reached a conclusion outside the generous ambit of reasonable disagreement; the proposed appeal had no reasonable prospect of success and there was no interest of justice reason to grant leave.
21 May 2018

INTERACTIVE MEDIA NETWORK (CHINA) HOLDINGS LTD v. JUST MEDIA GROUP LTD AND OTHERS

Citation

[2018] HKCFI 1114
Court

Court of First Instance
Case number

HCA2291/2017

Refusal of the interlocutory injunction because there was real doubt on the adequacy of damages for both sides and the balance of convenience favoured refusing an injunction to avoid interrupting what amounted to an established enterprise; instead the court ordered a speedy trial and procedural directions.
19 Jan 2018

LEONG WING SUM v. NG KAI MAN

Citation

[2018] HKCFI 114
Court

Court of First Instance
Case number

HCA51/2018

On the evidence before the court there were serious issues to be tried and the balance of convenience favoured maintaining the status quo to avoid wasted or irreversible works; accordingly the court accepted the Defendant's undertaking in lieu of an interim prohibitory injunction restraining the Defendant from carrying out any further construction on the Lot pending the substantive hearing, conditional on the Plaintiff's cross-undertaking as to compensation if loss is later established.