YICK HING CONSTRUCTION CO. LTD. v. LAU PING FAI & NG YIU WING t/a WING FAI & CO.

HCA 207/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 207 OF 2003

____________

____________

_______________

J U D G M E N T

_______________

1. This is an application to continue an ex parte injunction preventing the Defendants and their workers from remaining in the construction site where they used to work as a subcontractor. Rightly or wrongly, the subcontract has been terminated. They are disputes as to whether monies are outstanding and payable by one party to another. Those disputes do not give the Defendants any justification to remain at the site after the termination of the subcontract; they have to be resolved elsewhere, such as this Court or the Labour Tribunal.

2. If what the Defendants told me this morning is true, I have much sympathy for the workers whose wages have not been punctually paid. There are ways and means to recover outstanding wages from employers as well as principal contractors, but the Court does not sit here to give legal advice.

3. So far as the continuation of the ex parte injunction is concerned, I am satisfied that the Plaintiff has shown a good case and the balance of convenience certainly lies in favour of the continuation of the injunction thereby preserving the status quo.

4. So for these reasons, I make an order in terms of the summons taken out by the Plaintiff on 20 January 2003. Costs in the cause.

Representation:

Mr Richard Zimmern, instructed by Messrs Massie & Clement, for the Plaintiff

Lau Ping Fai & Ng Yiu Wing trading as Wing Fai & Co., the Defendants, in person