BINARY EVOLUTION COMPUTERS LIMITED v. SUPREME DAY COMPANY LIMITED and Others

BINARY EVOLUTION COMPUTERS LIMITED v. SUPREME DAY COMPANY LIMITED and Others

The points of claim were struck out because they failed to plead the specific acts of copyright infringement, failed to plead when infringements occurred, failed to plead material facts sufficient to attribute alleged infringing acts to any defendant, and improperly included embarrassing particulars and admissions by non-parties; therefore the pleading did not disclose a reasonable cause of action and must be re‑pleaded.

Citation
BINARY EVOLUTION COMPUTERS LIMITED v. SUPREME DAY COMPANY LIMITED and Others
Parties
Plaintiff: Binary Evolution Computers Limited; 1st Defendant: Supreme Day Company Limited; 2nd Defendant: Neway Karaoke Box Limited; 3rd Defendant: Capital More Company Limited; 4th Defendant: Ma Wai Wah
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 February 1996
Case Number
HCCL198/1995
Procedural Posture
Copyright Infringement (commercial List, High Court) / Strike Out Application (points of Claim Struck Out)
Outcome
Points of claim struck out in their entirety; leave to re‑plead granted; costs to defendants
Legal Topics
Strike Out, Cause of Action, Particulars of Pleading, Embarrassing Pleadings, Attribution of Liability, Admissions by Non Parties
Source Language
EN
Copyright Law Civil Procedure Company Law Pleading Law Strike Out Cause of Action Particulars of Pleading Embarrassing Pleadings +2 more

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Parties

Binary Evolution Computers Limited

Plaintiff

Supreme Day Company Limited

1st Defendant

Neway Karaoke Box Limited

2nd Defendant

Capital More Company Limited

3rd Defendant

Ma Wai Wah

4th Defendant

Procedural Posture

Copyright Infringement (commercial List, High Court) / Strike Out Application (points of Claim Struck Out)

Legal Issues

  1. 1 Whether the points of claim disclose a reasonable cause of action in copyright
  2. 2 Whether the pleadings sufficiently identify the acts constituting infringement and when they occurred
  3. 3 Whether material facts are pleaded to attribute alleged infringing acts to each defendant

Ratio Decidendi

The points of claim were struck out because they failed to plead the specific acts of copyright infringement, failed to plead when infringements occurred, failed to plead material facts sufficient to attribute alleged infringing acts to any defendant, and improperly included embarrassing particulars and admissions by non-parties; therefore the pleading did not disclose a reasonable cause of action and must be re‑pleaded.

Court Disposition

Points of claim struck out in their entirety; leave to re‑plead granted; costs to defendants

Orders

  • Points of claim struck out as a whole
  • Plaintiff given leave to file and serve a fresh pleading within 21 days