ROSA FOODS CO., LTD AND ANOTHER v. TAO-TI INTERNATIONAL CO., LTD AND ANOTHER

ROSA FOODS CO., LTD AND ANOTHER v. TAO-TI INTERNATIONAL CO., LTD AND ANOTHER

The court fixed the appropriate gross sum for the two actions against Eiseki at HKD 1,200,000 and apportioned 35% of that sum (HKD 420,000) as the liability of the former solicitors S.H. Chan & Co. for costs incurred up to 30 September 2004; the court ordered the HKD 1,000,000 security held in court to be paid out immediately to the defendants and left any further liability issues to be the subject of future directions if sought.

Citation
ROSA FOODS CO., LTD AND ANOTHER v. TAO-TI INTERNATIONAL CO., LTD AND ANOTHER
Parties
Applicant in Hcmp3825/2003; 2nd Plaintiff in Hca3656/2003: Eiseki International Co. Ltd; 1st Plaintiff in Hca3656/2003: Rosa Foods Co. Ltd; Respondents in Hcmp3825/2003; 1st and 2nd Defendants in Hca3656/2003: Respondents / 1st and 2nd Defendants; Former Solicitors for Eiseki International Co. Ltd: S.H. Chan & Co.; Former Representative of Eiseki International Co. Ltd: Lin Jung Ping
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 June 2006
Case Number
HCA3656/2003
Procedural Posture
Application for Declaration of Invalidity of Trade Mark Registrations and Ancillary Costs Assessment / Gross Sum Costs Assessment Following Final Judgment (post‑judgment Costs Hearing)
Outcome
Gross sum assessment fixed and partial liability of former solicitors determined; payment out of security ordered; further liability left open
Legal Topics
Trade Mark Invalidity, Costs Assessment, Apportionment of Costs, Security for Costs
Source Language
EN
Intellectual Property Trade Marks Civil Procedure Costs Trade Mark Invalidity Costs Assessment Apportionment of Costs Security for Costs

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Parties

Eiseki International Co. Ltd

Applicant in Hcmp3825/2003; 2nd Plaintiff in Hca3656/2003

Rosa Foods Co. Ltd

1st Plaintiff in Hca3656/2003

Respondents / 1st and 2nd Defendants

Respondents in Hcmp3825/2003; 1st and 2nd Defendants in Hca3656/2003

S.H. Chan & Co.

Former Solicitors for Eiseki International Co. Ltd

Lin Jung Ping

Former Representative of Eiseki International Co. Ltd

Procedural Posture

Application for Declaration of Invalidity of Trade Mark Registrations and Ancillary Costs Assessment / Gross Sum Costs Assessment Following Final Judgment (post‑judgment Costs Hearing)

Legal Issues

  1. 1 What is the appropriate gross sum for costs of the two actions against Eiseki
  2. 2 What proportion of those costs is attributable to the period up to 30 September 2004 when S.H. Chan & Co. ceased to act
  3. 3 Whether the security of costs held in court should be paid out to the defendants and whether any further liability of former solicitors should be determined now

Ratio Decidendi

The court fixed the appropriate gross sum for the two actions against Eiseki at HKD 1,200,000 and apportioned 35% of that sum (HKD 420,000) as the liability of the former solicitors S.H. Chan & Co. for costs incurred up to 30 September 2004; the court ordered the HKD 1,000,000 security held in court to be paid out immediately to the defendants and left any further liability issues to be the subject of future directions if sought.

Court Disposition

Gross sum assessment fixed and partial liability of former solicitors determined; payment out of security ordered; further liability left open

Orders

  • Assess the total costs against Eiseki at HKD 1,200,000
  • Apportion 35% of that sum (HKD 420,000) as the liability of former solicitors S.H. Chan & Co. for work up to 30 September 2004