AQUA-LEISURE INDUSTRIES INC. & ANOTHER v. AQUA SPLASH LTD

AQUA-LEISURE INDUSTRIES INC. & ANOTHER v. AQUA SPLASH LTD

Judge found beyond reasonable doubt that Aqua Splash Limited breached paragraphs 5 and 7 (failure to deliver up and destroy substantial quantities of goods, packaging and manuals found at Guan Pin Factory) and paragraph 9 (inaccurate affirmation of compliance); breaches of paragraph 2 (Nuremberg) and paragraph 8...

Source-derived case information.

Citation
AQUA-LEISURE INDUSTRIES INC. & ANOTHER v. AQUA SPLASH LTD
Parties
1st Plaintiff: Aqua-Leisure Industries Inc.; 2nd Plaintiff: Greyland Trading Limited; Defendant: Aqua Splash Limited; Director of Defendant: Impag HK Limited; Director of Defendant: Ms Connie Lin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 December 2001
Case Number
HCA18928/1998
Procedural Posture
Civil Contempt Arising From Passing Off Injunction; Enforcement/committal Motion / Committal Hearing (findings of Contempt; Sentencing Adjourned)
Outcome
Motion for committal granted in part: Defendant Aqua Splash Limited found in contempt for breaches of paragraphs 5, 7 and 9; breaches of paragraph 2 and paragraph 8 not proven; Impag HK Limited and Ms Connie Lin held liable as directors under Order 45.
Legal Topics
Committal, Director Liability for Corporate Contempt, Admissibility of Affidavit and Hearsay Evidence, Service and Penal Notice, Delivery Up and Destruction Orders, Double Actionability
Source Language
en
Civil Procedure Contempt of Court Intellectual Property Company Law Enforcement of Injunctions Committal Director Liability for Corporate Contempt Admissibility of Affidavit and Hearsay Evidence +3 more

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Summary, issues, holding and outcome

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Parties

Aqua-Leisure Industries Inc.

1st Plaintiff

Greyland Trading Limited

2nd Plaintiff

Aqua Splash Limited

Defendant

Impag HK Limited

Director of Defendant

Ms Connie Lin

Director of Defendant

Procedural Posture

Civil Contempt Arising From Passing Off Injunction; Enforcement/committal Motion / Committal Hearing (findings of Contempt; Sentencing Adjourned)

Legal Issues

  1. 1 Whether Defendant breached paragraphs 2,5,7,8 and 9 of the injunction
  2. 2 Whether goods found in PRC were within Defendant's power or control
  3. 3 Whether directors (Impag HK and Ms Lin) are liable for company's contempts under Order 45 rule 5 or only if they aided and abetted

Ratio Decidendi

Judge found beyond reasonable doubt that Aqua Splash Limited breached paragraphs 5 and 7 (failure to deliver up and destroy substantial quantities of goods, packaging and manuals found at Guan Pin Factory) and paragraph 9 (inaccurate affirmation of compliance); breaches of paragraph 2 (Nuremberg) and paragraph 8 (single printing film) were not proved beyond reasonable doubt. Impag HK Limited and Ms Connie Lin were held liable as directors under Order 45 because they had been personally served with the order and penal notice and therefore bore a duty to ensure compliance; committal proceedings classified as final civil proceedings and affidavit/hearsay evidence admissible subject to s.47...

Court Disposition

Motion for committal granted in part: Defendant Aqua Splash Limited found in contempt for breaches of paragraphs 5, 7 and 9; breaches of paragraph 2 and paragraph 8 not proven; Impag HK Limited and Ms Connie Lin held liable as directors under Order 45.

Orders

  • Defendant Aqua Splash Limited found in contempt for breaches of paragraphs 5, 7 and 9 of Keith J's order dated 14 May 1999
  • Impag HK Limited and Ms Connie Lin found in contempt as directors for the same breaches