SMART TRIKE MNF PTE LTD AND OTHERS v. CHIU SUI CHUN AND OTHERS

SMART TRIKE MNF PTE LTD AND OTHERS v. CHIU SUI CHUN AND OTHERS

The Master Order was a consent order embodying the parties compromise reached and therefore had contractual effect; it could not be disturbed on appeal in the absence of vitiating factors. The disputed amendments alleging copying and substantial similarity were relevant to the plaintiffs remaining causes of action (breach of fiduciary duty and breach of confidence) and were not an impermissible re-run of abandoned copyright claims. Accordingly the appeal failed and the Master Order stands.

Citation
[2018] HKCFI 562
Parties
1st Plaintiff: SMART TRIKE MNF. PTE. LTD.; 2nd Plaintiff: SMART TRIKE LIMITED; 3rd Plaintiff: YORAM BARON; 1st 6th Defendants: CHIU SUI CHUN and 1st-6th Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 March 2018
Case Number
HCA847/2013
Procedural Posture
Civil Action Intellectual Property, Breach of Fiduciary Duty and Breach of Confidence / Appeal From a Masters Interlocutory Consent Order to Judge in Chambers (hearing on Appeal)
Outcome
Appeal dismissed
Legal Topics
Consent Orders, Amendment of Pleadings, Striking Out for Embarrassment/prejudice, Appeal From Master to Judge (rehearing), Expert Evidence in Design/copyright Disputes, Breach of Confidence, Breach of Fiduciary Duty
Source Language
EN
Intellectual Property Contract and Fiduciary Duties Confidential Information/trade Secrets Civil Procedure Appeals and Costs Consent Orders Amendment of Pleadings Striking Out for Embarrassment/prejudice Appeal From Master to Judge (rehearing) +3 more

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Parties

SMART TRIKE MNF. PTE. LTD.

1st Plaintiff

SMART TRIKE LIMITED

2nd Plaintiff

YORAM BARON

3rd Plaintiff

CHIU SUI CHUN and 1st-6th Defendants

1st 6th Defendants

Procedural Posture

Civil Action Intellectual Property, Breach of Fiduciary Duty and Breach of Confidence / Appeal From a Masters Interlocutory Consent Order to Judge in Chambers (hearing on Appeal)

Legal Issues

  1. 1 Whether a party may appeal and set aside a consent order made by a master that embodies the parties agreement
  2. 2 Whether amendments retaining allegations of copying or substantial similarity were improper or embarrassing after withdrawal of copyright and registered design causes of action
  3. 3 Whether the pleadings were so uncertain, prejudicial or embarrassing as to justify striking out under Order 18 r.19(1)(c)

Ratio Decidendi

The Master Order was a consent order embodying the parties compromise reached and therefore had contractual effect; it could not be disturbed on appeal in the absence of vitiating factors. The disputed amendments alleging copying and substantial similarity were relevant to the plaintiffs remaining causes of action (breach of fiduciary duty and breach of confidence) and were not an impermissible re-run of abandoned copyright claims. Accordingly the appeal failed and the Master Order stands.

Court Disposition

Appeal dismissed

Orders

  • Costs order nisi that the defendants pay the plaintiffs costs of and occasioned by the Appeal (including all costs reserved, if any) to be taxed if not agreed with certificate for two counsel