FILMKO PICTURES LTD v. UNLIMITED PRODUCTION LTD AND ANOTHER

FILMKO PICTURES LTD v. UNLIMITED PRODUCTION LTD AND ANOTHER

On the balance of probabilities the court found the TMS Agreement did not exist (no written assignment, inconsistent commercial rationale, trade practice and contemporaneous documents supported reimbursement view), dismissed Filmko's claim in HCA4568/2002, found Filmko wrongfully repudiated the Engagement Contract in HCA4219/2002, entered judgment for UPL for the unpaid balance of remuneration (HK$600,000 plus interest) and dismissed Filmko's counterclaim; costs awarded to UPL and Yee to be taxed if not agreed.

Citation
FILMKO PICTURES LTD v. UNLIMITED PRODUCTION LTD AND ANOTHER
Parties
Plaintiff (hca4219); 1st Defendant (counterclaim Hca4219): Unlimited Production Limited; Defendant (hca4219); Plaintiff (counterclaim Hca4219; Plaintiff in Hca4568): Filmko Pictures Limited; 2nd Defendant (counterclaim Hca4219): Yee Tung Sing, Derek
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 October 2006
Case Number
HCA4568/2002
Procedural Posture
Contract and Copyright Dispute (commercial Film Production) / Final Judgment Following Consolidated Trial in Court of First Instance
Outcome
Filmko's claim in HCA4568/2002 dismissed; UPL's claim in HCA4219/2002 upheld; Filmko's counterclaim dismissed; judgment for UPL for HK$600,000 plus interest; costs awarded to UPL and to Yee in respect of counterclaim (to be taxed if not agreed).
Legal Topics
Breach of Contract, Assignment of Copyright, Requirement of Written Assignment, Misrepresentation (fraud/negligence), Rescission, Trade Practice Evidence, Quantum of Damages, Repudiatory Breach
Source Language
EN
Contract Law Copyright Law Tort Misrepresentation Civil Procedure Costs Breach of Contract Assignment of Copyright Requirement of Written Assignment Misrepresentation (fraud/negligence) +4 more

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Parties

Unlimited Production Limited

Plaintiff (hca4219); 1st Defendant (counterclaim Hca4219)

Filmko Pictures Limited

Defendant (hca4219); Plaintiff (counterclaim Hca4219; Plaintiff in Hca4568)

Yee Tung Sing, Derek

2nd Defendant (counterclaim Hca4219)

Procedural Posture

Contract and Copyright Dispute (commercial Film Production) / Final Judgment Following Consolidated Trial in Court of First Instance

Legal Issues

  1. 1 Whether the alleged TMS Agreement (sale/assignment of underlying novel rights) existed
  2. 2 Whether misrepresentations were made concerning ownership of underlying rights
  3. 3 Who owned the underlying rights in the novel

Ratio Decidendi

On the balance of probabilities the court found the TMS Agreement did not exist (no written assignment, inconsistent commercial rationale, trade practice and contemporaneous documents supported reimbursement view), dismissed Filmko's claim in HCA4568/2002, found Filmko wrongfully repudiated the Engagement Contract in HCA4219/2002, entered judgment for UPL for the unpaid balance of remuneration (HK$600,000 plus interest) and dismissed Filmko's counterclaim; costs awarded to UPL and Yee to be taxed if not agreed.

Court Disposition

Filmko's claim in HCA4568/2002 dismissed; UPL's claim in HCA4219/2002 upheld; Filmko's counterclaim dismissed; judgment for UPL for HK$600,000 plus interest; costs awarded to UPL and to Yee in respect of counterclaim (to be taxed if not agreed).

Orders

  • Dismiss HCA4568/2002 (Filmko claim)
  • Declare Filmko in breach of the Engagement Contract and wrongfully repudiated it