GLOBAL MARKETING ENTERPRISE (GME) LTD. AND ANOTHER v. BLUE BOX INTERNATIONAL LTD

GLOBAL MARKETING ENTERPRISE (GME) LTD. AND ANOTHER v. BLUE BOX INTERNATIONAL LTD

Because there were live triable issues on independent design and on copyright subsistence and ownership and the plaintiffs nevertheless pursued a summary judgment application which the court found reckless and an abuse of process, the court varied the costs order nisi and awarded the defendant its costs on an indemnity basis, summarily assessed.

Citation
GLOBAL MARKETING ENTERPRISE (GME) LTD. AND ANOTHER v. BLUE BOX INTERNATIONAL LTD
Parties
1st Plaintiff: Global Marketing Enterprise (GME) Ltd.; 2nd Plaintiff: Sandbox Trading Limited; Defendant: Blue Box International Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 November 2016
Case Number
HCA1053/2015
Procedural Posture
Copyright Infringement and Passing Off / Costs Variation Application After Dismissal of Summary Judgment (order 14)
Outcome
Costs order nisi varied; defendant awarded costs on an indemnity basis, summarily assessed.
Legal Topics
Summary Judgment, Indemnity Costs, Abuse of Process, Ownership of Copyright, Triable Issues, Gross Sum Assessment
Source Language
EN
Intellectual Property Copyright Passing Off Civil Procedure Costs Summary Judgment Indemnity Costs Abuse of Process +3 more

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Parties

Global Marketing Enterprise (GME) Ltd.

1st Plaintiff

Sandbox Trading Limited

2nd Plaintiff

Blue Box International Limited

Defendant

Procedural Posture

Copyright Infringement and Passing Off / Costs Variation Application After Dismissal of Summary Judgment (order 14)

Legal Issues

  1. 1 Whether the plaintiffs' Order 14 summary judgment application was inappropriate or an abuse of process given existence of triable issues
  2. 2 Whether indemnity costs should be awarded to the defendant and gross-sum assessed due to plaintiffs' conduct
  3. 3 Whether there were triable issues as to independent design, copyright subsistence and ownership

Ratio Decidendi

Because there were live triable issues on independent design and on copyright subsistence and ownership and the plaintiffs nevertheless pursued a summary judgment application which the court found reckless and an abuse of process, the court varied the costs order nisi and awarded the defendant its costs on an indemnity basis, summarily assessed.

Court Disposition

Costs order nisi varied; defendant awarded costs on an indemnity basis, summarily assessed.

Orders

  • Costs order nisi varied to award defendant costs on an indemnity basis, summarily assessed
  • Costs awarded to the defendant in the sum of HK$804,274.50