Interlocutory Injunctions in Construction Cases in Hong Kong: Revisiting American Cyanamid Principles
Authors: Henry Suen [email protected], Sai On Cheung [email protected], and Hong Ting Lee [email protected]Author Affiliations
Publication: Journal of Professional Issues in Engineering Education and Practice
Volume 133, Issue 4
Abstract
Interlocutory injunctions in construction litigation cases are not uncommon, in particular, in construction nuisance cases. Despite its importance, there are only a few written materials dealing with this topic. With the public increasingly aware of their legal rights, it is anticipated that the number of interlocutory injunction applications will remain high in the foreseeable future. It is now timely and a worthwhile exercise to revisit those principles governing the courts’ discretion in granting and rejecting interlocutory injunctions. This paper discusses those factors that are relevant in exercising that discretion and how they should be assessed. It also examines the principles established by Lord Diplock in the landmark case “American Cyanamid,” i.e., how this case influenced judgments in recent Hong Kong construction cases. The paper concludes by summarizing the overriding principles in interlocutory injunction applications.
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References
Leslie, J. and Kinston, J. (1998). Practical guide to litigation, LLP, London, Hong Kong.
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© 2007 ASCE.
History
Received: Jun 23, 2006
Accepted: Sep 29, 2006
Published online: Oct 1, 2007
Published in print: Oct 2007
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Lecturer, Dept. of Building and Construction, City Univ. of Hong Kong, Tat Chee Ave., Kowloon, Hong Kong (corresponding author). E-mail: [email protected]
Associate Professor, Dept. of Building and Construction, City Univ. of Hong Kong, Tat Chee Ave., Kowloon, Hong Kong. E-mail: [email protected]
Member of CDRRU, Dept. of Building and Construction, City Univ. of Hong Kong, Tat Chee Ave., Kowloon, Hong Kong. E-mail: [email protected]
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