Interlocutory Injunctions in Construction Cases in Hong Kong: Revisiting American Cyanamid Principles

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.