M.G.X. ASIA LTD AND ANOTHER v. CHINA WAY GLOBAL COMPANY LTD AND OTHERS

M.G.X. ASIA LTD AND ANOTHER v. CHINA WAY GLOBAL COMPANY LTD AND OTHERS

The court accepted the plaintiffs' submissions on costs because the central issue of authorship and copyright ownership had not been adjudicated and defendants were better placed to know the truth; accordingly the plaintiffs' proposed apportionment of costs (paras 3(1)–(4) of their submissions) was ordered, a certificate for two counsel was granted, and modified case management directions (including deadlines for amended pleadings and postponement of the CMC) were made.

Citation
M.G.X. ASIA LTD AND ANOTHER v. CHINA WAY GLOBAL COMPANY LTD AND OTHERS
Parties
1st Plaintiff: M.G.X. Asia Limited; 2nd Plaintiff: Xena IP Holdings Limited; 1st Defendant: China Way Global Company Limited; 2nd Defendant: Wong Chi Wai; 3rd Defendant: Lo Suk Ling; 4th Defendant: Wong Ching Tat trading as Kovix Products Supplies Company; 5th Defendant: Kenneth Kwok Chak Ling; 6th Defendant: Cheung Wai Ming also known as Michael W. M. Cheung; 7th Defendant: Shing Hing Trading (Hong Kong) Company Limited; 8th Defendant: Kovix Products Supplies Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 February 2014
Case Number
HCA2001/2013
Procedural Posture
Civil Action (copyright/injunction) / Post Interlocutory Decision — Costs and Directions Hearing
Outcome
Order made largely in terms of the Proposed Joint Directions with specified modifications; plaintiffs' costs proposals accepted; certificate for two counsel granted; directions given on amended pleadings and CMC date.
Legal Topics
Copyright Ownership, Interim Injunction, Costs Allocation, Case Management Directions, Amended Pleadings, Certificate for Two Counsel
Source Language
EN
Intellectual Property Civil Procedure Injunction Costs Copyright Ownership Interim Injunction Costs Allocation Case Management Directions +2 more

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Parties

M.G.X. Asia Limited

1st Plaintiff

Xena IP Holdings Limited

2nd Plaintiff

China Way Global Company Limited

1st Defendant

Wong Chi Wai

2nd Defendant

Lo Suk Ling

3rd Defendant

Wong Ching Tat trading as Kovix Products Supplies Company

4th Defendant

Kenneth Kwok Chak Ling

5th Defendant

Cheung Wai Ming also known as Michael W. M. Cheung

6th Defendant

Shing Hing Trading (Hong Kong) Company Limited

7th Defendant

Kovix Products Supplies Company Limited

8th Defendant

Procedural Posture

Civil Action (copyright/injunction) / Post Interlocutory Decision — Costs and Directions Hearing

Legal Issues

  1. 1 Who authored the lock design drawings and who owns copyright in them
  2. 2 Whether defendants should be awarded costs of the injunction hearings despite merits not adjudicated
  3. 3 Appropriate timetable for filing amended pleadings and further case management

Ratio Decidendi

The court accepted the plaintiffs' submissions on costs because the central issue of authorship and copyright ownership had not been adjudicated and defendants were better placed to know the truth; accordingly the plaintiffs' proposed apportionment of costs (paras 3(1)–(4) of their submissions) was ordered, a certificate for two counsel was granted, and modified case management directions (including deadlines for amended pleadings and postponement of the CMC) were made.

Court Disposition

Order made largely in terms of the Proposed Joint Directions with specified modifications; plaintiffs' costs proposals accepted; certificate for two counsel granted; directions given on amended pleadings and CMC date.

Orders

  • Disposal of the injunction application and the Summons in terms of paras 2(1) and (2) of plaintiffs' submissions with references to defendants' undertakings in paras 3, 14 and 19 of the Decision
  • Costs ordered in accordance with plaintiffs' paras 3(1)–(4) of their submissions