Read the full judgment text of HCCT 18/2020 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 23 December 2021 before Deputy High Court Judge Winnie Tsui.
Construction management — Common parts definition under Deed of Mutual Covenant and Building Management Ordinance — Order 14 summary judgment and interlocutory mandatory injunction — Whether prior order finally disposed of action — Whether res judicata prevents further Order 14 applications — Application of American Cyanamid principles for mandatory injunctions. The plaintiff commenced proceedings seeking declarations that the structural concrete slab with reinforcement between levels 3 and 4 of Mei Hing Mansion constitutes common parts requiring the defendant’s repair responsibility. The Recorder granted declarations but declined mandatory injunctions in the previous summons. The defendant appealed. The plaintiff sought summary judgment or interlocutory injunction pending appeal. The court found that the previous order did not wholly dispose of the action as factual disputes on damage extent and cause remain undecided. The plaintiff was estopped from making the same Order 14 application again. Summary judgment was refused due to the defendant's arguable factual defence. The court granted the interlocutory mandatory injunction due to safety risks from damaged concrete and lack of adequate remedies, balancing the risk of injustice in favor of immediate repair. Undertakings were given by the plaintiff to mitigate defendant's concerns. Costs were awarded to the plaintiff with discount reflecting failed Order 14 application.
Legal issues: Whether the previous order wholly disposed of the present action · Whether the plaintiff is estopped from pursuing the present Order 14 application · Whether summary judgment should be granted on the present Order 14 application · Whether an interlocutory mandatory injunction should be granted
Outcome: The plaintiff’s Order 14 application is dismissed; an interlocutory mandatory injunction is granted with conditions.
Cited by 4 cases · Cites 5 cases