Mei Foo developer in new bid for injunction against site protesters

PUBLISHED : Thursday, 12 May, 2011, 12:00am
UPDATED : Thursday, 12 May, 2011, 12:00am


The developer who wants to build a controversial high rise in Mei Foo Sun Chuen is seeking an appeal after it failed to obtain an interim injunction barring residents from blocking the construction site.

Billion Star Development says the judge had 'erred in law' in refusing to grant it an interim injunction. The appeal is scheduled to be heard on May 30.

Two weeks ago, Billion Star sought its interim injunction to stop the respondents from entering the site or protesting outside it, as well as damages of HK$1.4 million for losses caused by delays in construction.

Deputy High Court Judge Queeny Au Yeung Kwai-yue refused to grant the interim order because the respondents had been given only seven days to prepare for the case and she saw no need for urgency.

The case was then adjourned for 49 days, but in the light of Billion Star's appeal it is not clear when this matter will again be heard.

Billion Star, which residents believe to be backed by New World Development, has sought to end the protests that have halted work at the site since March, including a lie-down protest that drew 500 people.

The developer also disputed allegations by the respondents named in its application for an interim injunction - a district councillor, five Mei Foo residents, three politicians and unnamed 'others'.

The respondents had said that Billion Star's proposed 20-storey block would use residual development rights from the neighbouring Mei Foo Phase 8, but this 'can on no view justify' Billion Star being prevented from accessing its property, the developer said.

On hold

The amount, in HK dollars, claimed in damages by Billion Star Development: $1.4m