13 Aug 2015
CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR REPASSING OF ARGYLE STREET AND OTHERS
- Citation
- CHIU LUEN PUBLIC LIGHT BUS CO LTD v. PERSONS UNLAWFULLY OCCUPYING OR REMAINING ON THE PUBLIC HIGHWAY NAMELY, THE WESTBOUND CARRIAGEWAY OF ARGYLE STREET BETWEEN THE JUNCTION OF TUNG CHOI STREET AND PORTLAND STREET AND/OR OTHER PERSONS HINDERING OR PREVENTING THE PASSING OR REPASSING OF ARGYLE STREET AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2086/2014
The court exercised its wide discretion under the CJR framework and held that, on the facts, the fair and just order was that the plaintiffs' costs of the application to continue the interlocutory injunction be in the cause because the defendants' resistance was not improper given the arguable and non‑straightforward question of the plaintiffs' title to sue (special damage), and because the plaintiffs ultimately succeeded on continuation and the balance of convenience overwhelmingly favoured injunctive relief; the costs order nisi was varied accordingly, while the defendants were awarded cost…