19/09/2019 HCMP2801/2015 THE UNIVERSITY 59. OF HONG KONG v. HONG KONG COMMERCIAL BROADCASTING CO LTD AND ANOTHER The approach hitherto adopted by the courts in Hong Kong based on American Cyanmid mandates that the court should strive to adopt a course which appears to carry the lower risk of injustice if it should turn out to be wrong: Music Advance Ltd v Incorporated Owners of Argyle Centre Phase I [2010] 2 HKLRD 1041, §12(d), per Ma J (as he then was); adopting what Hoffmann J said in Films Rover International Ltd vy Cannon Film Sales Ltd [1987] 1 WLR 670, 680. Revisiting that topic in 2009, Lord Hoffmann said in National Commercial Bank Jamaica v Olint Corp |2009| 1 WLR 1405 at §$16-17, that the purpose of an interlocutory injunction is to “improve the chances of the court being able to do justice after a determination of the merits at the trial’, and that the basic principle is that “the court should take whichever course seems likely to cause the least irremediable prejudice to one party or the other”. This approach was also applied by Chow J in Sima Sai Er v Next Magazine Publishing Ltd (HCA 1500/2014; 8 August 2014). 60. The established appropriate case, approach of the merits allows for a closer of the examination, plaintiff's claim even in an at the interlocutory stage, for example where the grant of interlocutory relief would be finally dispositive of the dispute in the plaintiffs favour: LansingLinde Ltd v Kerr [1991] 1 WLR 251; NWL Ltd v Woods [1979] 1 WLR 1294, 1306F-G; Lawrence David Ltd v Ashton |1989] ICR 123. But even there the deeper inquiry into the merits of the case is but one factor in the consideration of the balancing exercise: Lai Hoi Ping v Persons occupying portions of Nathan Road (HCMP 2975/2014; 15 November 2014), §10 per Cheung CJHC. 61. Even before the (UK) Human Rights Act 1998, that approach had been adopted in cases concerning disclosure of information, where the crucial issues between the parties did not depend on a trial, but solely or mainly on the grant or refusal of interlocutory relief. The relative strength or weakness of the parties’ cases was recognised as a consideration to be taken into account: Cambridge Nutrition Ltd v British Broadcasting Corp [1990] 3 All ER 523, 534-535. See, in Hong Kong, Sim Kon Fah v JBPB & Co [2011] 4 HKLRD 45 at §47. https: //legalref.judiciary.hk/Irs/common/ju/ju_frame.jsp? DIS=101619&currpage=T 20/33

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