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Hong Kong Case Law

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Civil [2022] HKCA 1409

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

The Court of Appeal refused leave to appeal against refusal of an interlocutory injunction over access to a school on charitable land, holding the balance of convenience favoured no injunction.

  • Trespass
  • Nuisance
  • Interlocutory injunction
  • Leave to appeal
  • Balance of convenience
  • Status quo
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Company law [2021] HKCFI 1624

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

The court declined interim-interim relief restraining voting rights in shares, finding the plaintiff had not shown a likely trial success and that urgency was self-engineered.

  • Interim injunction
  • Preservation orders
  • Voting rights in shares
  • Authorization agreement
  • Status quo
  • Interim-injunction
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Civil procedure [2020] HKDC 100

BHATTI BHUPINDER SINGH v. LEE CHIU TAK AND OTHERS

The District Court dismissed the defendants’ application for leave to appeal against an interlocutory injunction restraining night-time noise from their flat.

  • Leave to appeal
  • Interlocutory injunction
  • Balance of convenience
  • Irreparable harm
  • Status quo
  • Quia timet injunction
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Building management [2019] HKCFI 2917

SUNTERLY LTD v. THE INCORPORATED OWNERS OF FAR EAST MANSION

The court dismissed Sunterly’s interlocutory injunction application over escalator works at Far East Mansion and ordered Sunterly to pay the defendant’s costs.

  • Buildings management ordinance
  • Deed of mutual covenant
  • Interlocutory injunction
  • Balance of convenience
  • Status quo
  • Costs discretion
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Family law [2019] HKFC 161

CS v. WCT

The court dismissed a father's application to change the children's schools to Harrow, preferring the status quo and the children's best interests.

  • Schooling
  • Change of schooling
  • Best interests of the child
  • Status quo
  • Interim care orders
  • Best-interests-of-the-child
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Family law [2019] HKFC 173

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

Leave to appeal was refused in a child custody dispute after the court held the father had not shown a reasonable prospect of success or any interests-of-justice basis.

  • Custody and care and control
  • Leave to appeal
  • Best interests of the child
  • Status quo
  • Legal aid
  • Costs
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Family law [2019] HKFC 137

F v. W

In a child care and control dispute, the court awarded the mother sole care and control of Y, with joint custody and reasonable access to the father.

  • Care and control
  • Access/contact
  • Joint custody
  • Social investigation reports
  • Wishes of child
  • Autism spectrum disorder
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Company law [2019] HKCFI 567

HARBOUR FRONT LTD v. MONEY FACTS LTD AND OTHERS

The court refused leave to appeal against an interlocutory injunction, holding the proposed grounds merely repeated arguments already addressed and disclosed no reasonable prospect of success.

  • Interlocutory injunction
  • Leave to appeal
  • Judicial discretion
  • Balance of convenience
  • Damages as remedy
  • Status quo
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Land law [2018] HKCFI 114

LEONG WING SUM v. NG KAI MAN

The Court of First Instance accepted an undertaking in lieu of an interim injunction and preserved the status quo in a dispute over construction of a small house.

  • Interim injunction
  • Undertaking in lieu of injunction
  • Small house policy
  • Building covenant
  • Agency
  • Delay and mitigation
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About this LexChat collection

Hong Kong decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.