The plaintiff, a fitness equipment retailer, brought a motion for an interim injunction to stop the defendants' spice import and distribution business from transmitting odours into the plaintiff's adjacent condominium unit.
The defendants argued the Condominium Authority Tribunal had exclusive jurisdiction, that building deficiencies rather than their operations caused the problem, and that the plaintiff failed to demonstrate irreparable harm.
The court found the plaintiff established a strong prima facie case of nuisance, demonstrated irreparable harm through health impacts and business losses including reputational damage and loss of goodwill, and that the balance of convenience favoured the plaintiff.
The court granted the interim injunction.
