Read the full judgment text of HCCT 7/2003 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 24 January 2003 before Deputy High Court Judge A Cheung.
Construction law — injunction — ex parte injunction restraining defendants from construction site after termination of sub-contract — continuation and modification of injunction order — costs — whether defendants entitled to remain on site after termination — appropriateness of costs order against defendants. The Plaintiff, as main contractor, successfully obtained an ex parte injunction restraining the 1st Defendant, its former sub-contractor, and other Defendants from remaining on site after termination of the sub-contract, due to Defendants' attempt to block construction works. The court continued the injunction with modifications limiting its duration to specified events and excluding certain joined or omitted Defendants. On costs, the court awarded costs of the injunction application against the 1st and 2nd Defendants only, considering the absence of any arguable right to remain on site and the Defendants’ obstructive conduct. The court declined to reserve costs contingent on trial outcome to avoid forcing trial solely on costs issue. Orders include continuation of injunction until set events and costs taxed if not agreed.
Legal issues: Continuation and modification of ex parte injunction · Costs order in relation to injunction application
Outcome: Ex parte injunction continued with modifications; costs of the application awarded to Plaintiff against 1st and 2nd Defendants
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