WONG YEE CHUK AND ANOTHER v. LO PO WAI, HARRY AND OTHERS

WONG YEE CHUK AND ANOTHER v. LO PO WAI, HARRY AND OTHERS

Documents relating to trademark application transfers are discoverable; the 1st and 2nd Petitioners are ordered within seven days either to produce copies of the documents falling within classes (b) and (g) or to confirm they do not have them and state whether they remain under their control; costs of the summons are awarded against the Petitioners in the sum of HK$100,000.

Citation
[2021] HKCFI 3084
Parties
1st Petitioner: Wong Yee Chuk; 2nd Petitioner: Cheng Wai King, Pat; 1st Respondent: Lo Po Wai, Harry; 2nd Respondent: Pan Shi Liang; 3rd Respondent: Harsen Engineering Limited; 4th Respondent: Harsen Industries Limited; 5th Respondent: Harsen (China) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 October 2021
Case Number
HCMP3363/2016
Procedural Posture
Petition Under Section 724(1) of the Companies Ordinance (cap 622) / Interlocutory Discovery Summons Hearing Under Rules of the High Court (order 24)
Outcome
Summons for discovery granted in part; mandatory production or confirmation order made; costs awarded to 2nd Respondent.
Legal Topics
Discovery, Disclosure Obligations, Costs, Trademark Transfer Documents, Control of Documents
Source Language
EN
Company Law Civil Procedure Intellectual Property Discovery Disclosure Obligations Costs Trademark Transfer Documents Control of Documents

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Parties

Wong Yee Chuk

1st Petitioner

Cheng Wai King, Pat

2nd Petitioner

Lo Po Wai, Harry

1st Respondent

Pan Shi Liang

2nd Respondent

Harsen Engineering Limited

3rd Respondent

Harsen Industries Limited

4th Respondent

Harsen (China) Limited

5th Respondent

Procedural Posture

Petition Under Section 724(1) of the Companies Ordinance (cap 622) / Interlocutory Discovery Summons Hearing Under Rules of the High Court (order 24)

Legal Issues

  1. 1 Whether documents relating to trademark application transfers (classes (b) and (g)) are discoverable
  2. 2 Whether an Order 24 discovery order should be made where documents may have been disclosed in related proceedings
  3. 3 Whether costs should be awarded for a summons that could have been avoided

Ratio Decidendi

Documents relating to trademark application transfers are discoverable; the 1st and 2nd Petitioners are ordered within seven days either to produce copies of the documents falling within classes (b) and (g) or to confirm they do not have them and state whether they remain under their control; costs of the summons are awarded against the Petitioners in the sum of HK$100,000.

Court Disposition

Summons for discovery granted in part; mandatory production or confirmation order made; costs awarded to 2nd Respondent.

Orders

  • The 1st and 2nd Petitioners must within seven days either provide to the 2nd Respondent copies of documents falling within classes (b) and (g) of the summons (trademark application transfer documents) or confirm to the 2nd Respondent's solicitors that they do not have any such documents and explain whether the...
  • The Petitioners shall pay the 2nd Respondent's costs of and occasioned by the summons dated 26 April 2021, summarily assessed at HK$100,000.