SHENZHEN FUTAIHONG PRECISION INDUSTRY CO., LTD AND OTHERS v. BYD CO LTD AND OTHERS

SHENZHEN FUTAIHONG PRECISION INDUSTRY CO., LTD AND OTHERS v. BYD CO LTD AND OTHERS

Court granted leave to amend because the proposed amendments did not introduce new causes of action but added further instances and particulars of the same four pleaded causes (breach of confidence, inducing breach of duties, conspiracy, dishonest assistance); alternatively, even if new causes were introduced they arose from the same or substantially the same facts; alleged delay and prejudice were insufficient to warrant refusal given the scale of discovery and lack of clear irremediable prejudice or demonstrable inability to investigate.

Citation
SHENZHEN FUTAIHONG PRECISION INDUSTRY CO., LTD AND OTHERS v. BYD CO LTD AND OTHERS
Parties
Plaintiffs by Original Action: Foxconn Parties; Defendants by Original Action and Plaintiffs by Counterclaim: BYD Parties
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 July 2016
Case Number
HCA2114/2007
Procedural Posture
Civil Amendment Application to Plead Further Particulars and Add Instances of Alleged Misuse of Confidential Information / Application for Leave to Amend Re Amended Statement of Claim (summons Dated 30 September 2015) Before Trial, Decision Reserved on Costs (expert Directions Hearing 5 July 2016)
Outcome
Order granting leave to amend in terms of paragraphs 1 and 2 of Foxconn Parties' summons dated 30 September 2015
Legal Topics
Breach of Confidence, Inducing Breach of Duty, Conspiracy, Dishonest Assistance, Amendments to Pleadings, Statute of Limitations, Relation Back, Discovery, Prejudice in Amendment Applications
Source Language
EN
Equity Civil Procedure Intellectual Property (trade Secrets/confidential Information) Employment Law Tort Limitation Law Breach of Confidence Inducing Breach of Duty +7 more

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Parties

Foxconn Parties

Plaintiffs by Original Action

BYD Parties

Defendants by Original Action and Plaintiffs by Counterclaim

Procedural Posture

Civil Amendment Application to Plead Further Particulars and Add Instances of Alleged Misuse of Confidential Information / Application for Leave to Amend Re Amended Statement of Claim (summons Dated 30 September 2015) Before Trial, Decision Reserved on Costs (expert Directions Hearing 5 July 2016)

Legal Issues

  1. 1 Whether proposed amendments introduce new causes of action
  2. 2 Whether proposed amendments are time barred under Limitation Ordinance (Cap 347)
  3. 3 Whether new causes arise out of same or substantially same facts as existing claim (RHC O 20 r 5(5); LO ss 35(5),(6)(a))

Ratio Decidendi

Court granted leave to amend because the proposed amendments did not introduce new causes of action but added further instances and particulars of the same four pleaded causes (breach of confidence, inducing breach of duties, conspiracy, dishonest assistance); alternatively, even if new causes were introduced they arose from the same or substantially the same facts; alleged delay and prejudice were insufficient to warrant refusal given the scale of discovery and lack of clear irremediable prejudice or demonstrable inability to investigate.

Court Disposition

Order granting leave to amend in terms of paragraphs 1 and 2 of Foxconn Parties' summons dated 30 September 2015

Orders

  • Leave granted to Foxconn Parties to re-amend the Re-amended Statement of Claim in accordance with the proposed amendments set out in the summons dated 30 September 2015
  • Costs to be dealt with at the hearing of expert directions on 5 July 2016