FRANCES FONG v. THE INCORPORATED OWNERS OF HAMBURG VILLA

Intended Action 147/2021

[2022] HKCFI 188

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

INTENDED ACTION NO 147 OF 2021

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D E C I S I O N

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1.  This ex-parte application to the duty judge for an injunction to restrain the Defendant from causing water seepage to the Plaintiff’s property is an entire abuse of the process of the duty judge system.

2.  Firstly, there was no urgency and no secrecy. There has been litigation between the parties for seven years over the issue of water leakage in the Lands Tribunal. The Plaintiff has come to the wrong forum because the Lands Tribunal also has the power to grant injunction, and any application regarding injunction ought to have been made there.

3.  Further, the Defendant has admitted liability and that was in 2016. So if there had been any urgent need for an injunction, it has been long past. The Plaintiff ought to have proceeded expeditiously to set the case down for trial in the Lands Tribunal.

4.  Further, I have read the written submission of counsel, the submission discloses nothing about the basis for issuing a mandatory injunction. The test and the application for granting such kind of injunction has not been expounded in the written submission.

5.  In the circumstances, I dismiss this wholly unmeritorious application.

6.  Ms Lau, on behalf of herself and her solicitors, has agreed that the lawyers would bear the wasted costs of this application. I therefore dismiss the application and order counsel and solicitors to personally bear the cost wasted by this application. Any costs which they have received from the client already in respect of today’s application ought to be repaid to the client.

7.  A copy of today’s order ought to be sent to the client and the effect of the order explained in writing by the Plaintiff’s solicitors (without charge) to the client, copied to this Court.