NG YIU MING v. LEUNG YEE

NG YIU MING v. LEUNG YEE

The plaintiffs failed to comply with the Further Undertaking in the consent order by not implementing the specified signage/advertising changes within the stipulated time; as full compliance was a precondition to the defendants' obligation to pay HK$6,500,000, the plaintiffs were not entitled to that sum and the summons was dismissed with costs to the defendants.

Citation
NG YIU MING v. LEUNG YEE
Parties
1st Plaintiff; Respondent (hcmp 1730/1999): Leung Yee; 2nd Plaintiff: Ng Yuk Kin; 1st Defendant; Applicant (hcmp 1730/1999): Ng Yiu Ming; 2nd Defendant: Chiu Fung Yi
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 November 1999
Case Number
HCMP1730/1999
Procedural Posture
Civil: Trade Marks Dispute and Enforcement of Consent Order / Application for Declaration/enforcement; Judgment on Summons
Outcome
Summons dismissed; plaintiffs found in breach of the Further Undertaking and not entitled to the agreed payment
Legal Topics
Trade Mark Registration and Rectification, Compliance With Undertakings in a Consent Order, Enforcement of Settlement Terms, Declarations and Payment Obligations, Costs
Source Language
EN
Intellectual Property Civil Procedure Contract/settlement Enforcement Trade Mark Registration and Rectification Compliance With Undertakings in a Consent Order Enforcement of Settlement Terms Declarations and Payment Obligations Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Leung Yee

1st Plaintiff; Respondent (hcmp 1730/1999)

Ng Yuk Kin

2nd Plaintiff

Ng Yiu Ming

1st Defendant; Applicant (hcmp 1730/1999)

Chiu Fung Yi

2nd Defendant

Procedural Posture

Civil: Trade Marks Dispute and Enforcement of Consent Order / Application for Declaration/enforcement; Judgment on Summons

Legal Issues

  1. 1 Whether the plaintiffs complied with the 'Further Undertaking' in the consent order dated 11 June 1999
  2. 2 Whether non-compliance precludes entitlement to the agreed payment of HK$6,500,000 under the settlement
  3. 3 Whether the court should grant the declaration and interest and order costs to the plaintiffs

Ratio Decidendi

The plaintiffs failed to comply with the Further Undertaking in the consent order by not implementing the specified signage/advertising changes within the stipulated time; as full compliance was a precondition to the defendants' obligation to pay HK$6,500,000, the plaintiffs were not entitled to that sum and the summons was dismissed with costs to the defendants.

Court Disposition

Summons dismissed; plaintiffs found in breach of the Further Undertaking and not entitled to the agreed payment

Orders

  • Summons dismissed.
  • Order nisi that costs be to the Defendants in HCA 7462/98.