WONG TO YICK WOOD LOCK OINTMENT LTD v. MERIKA MEDICINE FACTORY LTD AND ANOTHER

WONG TO YICK WOOD LOCK OINTMENT LTD v. MERIKA MEDICINE FACTORY LTD AND ANOTHER

The court held that WTY demonstrated bona fide claims and proper questions to be tried against the intended defendants and that it was necessary and just and convenient to join them under O 15 r 6; further, because the three actions are factually connected and form a series of transactions with common defendants and witnesses, consolidation under O 4 r 9 was justified to save costs and avoid multiplicity despite some delay.

Citation
WONG TO YICK WOOD LOCK OINTMENT LTD v. MERIKA MEDICINE FACTORY LTD AND ANOTHER
Parties
Plaintiff/applicant: Wong To Yick Wood Lock Ointment Limited; 1st Defendant (hca 562/2014): Merika Medicine Factory Limited; 2nd Defendant (hca 562/2014): Sun Century Holdings Limited; Intended Defendant/chairman & Managing Director of Merika: Law Kok Bun Robin; Intended Defendant/director and Shareholder of Sun Century: Hui Wa Him Heusen; Intended Defendant/director and Former Shareholder of Sun Century: Xu Hualong; 1st Defendant (hca 2589/2014): Sing & Japan International Technology Limited; 2nd Defendant (hca 2589/2014): Kwong Shing Hong Limited; 3rd Defendant (hca 2589/2014): Cheng Kin Chi (鄭建志); 4th Defendant (hca 2589/2014): Cheng Wai Ka (鄭維家); 5th Defendant (hca 2589/2014) and Respondent (hcmp 1550/2014): Sun Ascent Development Limited; Intended Defendant (action 2): Treasure Trend Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 March 2017
Case Number
HCA562/2014
Procedural Posture
Civil Claims for Trade Mark Infringement and Passing Off With Interlocutory Applications for Joinder and Consolidation / Interlocutory Applications Heard in Chambers; Judgment Granting Joinder and Consolidation (directions Given)
Outcome
Leave granted for joinder of intended defendants to Action 1 and Action 2; Actions 1, 2 and 3 consolidated into a single leading action (Action 2 as lead); procedural directions given for amended writs and consolidated pleadings; costs of summonses ordered nisi in the cause.
Legal Topics
Joinder of Parties, Consolidation of Actions, Revocation/invalidity of Trade Mark, Trademark Infringement, Director Liability as Joint Tortfeasors
Source Language
EN
Trade Mark Law Passing Off Civil Procedure Company and Director Liability Joinder of Parties Consolidation of Actions Revocation/invalidity of Trade Mark Trademark Infringement +1 more

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Parties

Wong To Yick Wood Lock Ointment Limited

Plaintiff/applicant

Merika Medicine Factory Limited

1st Defendant (hca 562/2014)

Sun Century Holdings Limited

2nd Defendant (hca 562/2014)

Law Kok Bun Robin

Intended Defendant/chairman & Managing Director of Merika

Hui Wa Him Heusen

Intended Defendant/director and Shareholder of Sun Century

Xu Hualong

Intended Defendant/director and Former Shareholder of Sun Century

Sing & Japan International Technology Limited

1st Defendant (hca 2589/2014)

Kwong Shing Hong Limited

2nd Defendant (hca 2589/2014)

Cheng Kin Chi (鄭建志)

3rd Defendant (hca 2589/2014)

Cheng Wai Ka (鄭維家)

4th Defendant (hca 2589/2014)

Sun Ascent Development Limited

5th Defendant (hca 2589/2014) and Respondent (hcmp 1550/2014)

Treasure Trend Limited

Intended Defendant (action 2)

Procedural Posture

Civil Claims for Trade Mark Infringement and Passing Off With Interlocutory Applications for Joinder and Consolidation / Interlocutory Applications Heard in Chambers; Judgment Granting Joinder and Consolidation (directions Given)

Legal Issues

  1. 1 Whether plaintiff has a bona fide claim against intended defendants sufficient for joinder under O 15 r 6
  2. 2 Whether it is necessary and just and convenient to join the intended defendants
  3. 3 Whether consolidation of three related actions is appropriate under O 4 r 9 given common questions or series of transactions

Ratio Decidendi

The court held that WTY demonstrated bona fide claims and proper questions to be tried against the intended defendants and that it was necessary and just and convenient to join them under O 15 r 6; further, because the three actions are factually connected and form a series of transactions with common defendants and witnesses, consolidation under O 4 r 9 was justified to save costs and avoid multiplicity despite some delay.

Court Disposition

Leave granted for joinder of intended defendants to Action 1 and Action 2; Actions 1, 2 and 3 consolidated into a single leading action (Action 2 as lead); procedural directions given for amended writs and consolidated pleadings; costs of summonses ordered nisi in the cause.

Orders

  • Leave granted for all joinders sought in WTY's two summonses dated 9 March 2016 in Action 1 and Action 2
  • Leave granted for WTY to amend or reamend the Writs of Summons of Action 1 and Action 2 and to file and serve them within 7 days from date of judgment