Read the full judgment text of HCCT000070/1999 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 24 September 1999 before The Hon Mr Justice Findlay.
Land law – Contract termination – Subcontractor’s rights – Interim mandatory injunction – Whether subcontractor entitled to remain on plaintiffs’ land after main contract terminated – Court finds no contractual relationship between plaintiffs and defendant; main contract properly terminated under clause 25; defendant’s occupation unlawful. Receivership of some land portions does not affect plaintiffs’ right to evict. Termination not unreasonable or vexatious as between plaintiffs and Po Sun. Defendant’s statutory safety duties while on site do not create right to remain. Balance of convenience favours plaintiffs; defendant’s claim for damages against Po Sun does not prevent injunction. Result: injunction granted requiring defendant to vacate; costs awarded to plaintiffs.
Legal issues: Right to occupy land after termination of main contract · Effect of receivership on plaintiffs’ rights · Allegation of unreasonable or vexatious termination · Statutory duty to remain on site · Balance of convenience in granting injunction
Outcome: Interim mandatory injunction granted ordering defendant to vacate plaintiffs’ land; costs ordered in favor of plaintiffs.