WORLD LINK INVESTMENTS LTD v. HUNG YUK MANG

HCA 2420/2018

[2018] HKCFI 2595

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 2420 OF 2018

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D E C I S I O N

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1.  Miss Leung, counsel for the defendant, was instructed to oppose the “ex parte on notice” application. She raised several grounds. The first ground is that there is already an injunction against the defendant. But the existing injunction is only to enjoin the defendant from putting in poles on the ground thereby obstructing the right of way. It does not specifically address to the excavation of the ground or the digging of big holes on the ground thereby preventing access. The present application is to enjoin this new type of conduct on the part of the defendant.

2.  Miss Leung’s next point is that there is already a District Court action brought by the defendant against a related company of the plaintiff.  This point has already been raised twice before the Honourable Madam Justice B Chu and Deputy High Court Judge Marlene Ng.  It was rejected on both occasions and I am not going to accept it on this application.

3.  Miss Leung makes the third point that there is an incorporated owners of an adjacent building which also claims ownership of the land in question.  I responded to her that that incorporated owners could apply to intervene in this matter.  The defendant cannot oppose the plaintiff’s application as proxy of that incorporated owners.

4.  Finally, Miss Leung said that an application for injunction should be made with at least 48-hour notice to the defendant.  I do not think that is applicable because this is an “ex parte on notice” application.

5.  In the light of the conduct of the defendant, namely, in excavating the ground on which a right of way exists in favour of the plaintiff, I do accede to the ex parte application and grant the order in terms suggested by the plaintiff.

(Discussion re timetable)

6.  Returnable date is 23 November 2018 at 10 am before the summons judge.