YAU NGAI AND OTHERS v. YAU TAK AND OTHERS

YAU NGAI AND OTHERS v. YAU TAK AND OTHERS

The application to set aside leave was dismissed because the defendants failed to establish material non-disclosure: the plaintiffs' ex parte case focused on specific internet breaches, the defendants did not prove the plaintiffs knew of the alleged rectifying steps or non-involvement of certain defendants online, factual disputes existed about internet changes, and the breaches could not be characterised as trivial on the material before the court; particulars were sufficient for each defendant to know the allegations.

Citation
YAU NGAI AND OTHERS v. YAU TAK AND OTHERS
Parties
Plaintiff (1st): Yau Ngai; Plaintiff (2nd): Yau Siu Chan; Plaintiff (3rd): 3rd Plaintiff; Defendant (1st): Yau Tak; Defendant (2nd): 2nd Defendant; Defendant (3rd): 3rd Defendant; Defendant (4th): 4th Defendant; Defendant (5th): 5th Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 September 2008
Case Number
HCA1309/2007
Procedural Posture
Application for Leave to Commence Committal Proceedings for Contempt of Court (breach of Undertakings) / Application to Set Aside Leave Granted Ex Parte; Contested Interlocutory Hearing
Outcome
Defendants' application to set aside leave dismissed; order nisi for costs made in favour of plaintiffs.
Legal Topics
Committal, Undertakings, Ex Parte Disclosure, Material Non Disclosure, Triviality of Breach, Particularity of Charges
Source Language
EN
Civil Contempt of Court Intellectual Property (passing Off) Civil Procedure Committal Undertakings Ex Parte Disclosure Material Non Disclosure +2 more

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Parties

Yau Ngai

Plaintiff (1st)

Yau Siu Chan

Plaintiff (2nd)

3rd Plaintiff

Plaintiff (3rd)

Yau Tak

Defendant (1st)

2nd Defendant

Defendant (2nd)

3rd Defendant

Defendant (3rd)

4th Defendant

Defendant (4th)

5th Defendant

Defendant (5th)

Procedural Posture

Application for Leave to Commence Committal Proceedings for Contempt of Court (breach of Undertakings) / Application to Set Aside Leave Granted Ex Parte; Contested Interlocutory Hearing

Legal Issues

  1. 1 Whether plaintiffs made material non-disclosure in ex parte application
  2. 2 Proper construction of undertakings (scope and timeframe)
  3. 3 Whether alleged breaches were trivial

Ratio Decidendi

The application to set aside leave was dismissed because the defendants failed to establish material non-disclosure: the plaintiffs' ex parte case focused on specific internet breaches, the defendants did not prove the plaintiffs knew of the alleged rectifying steps or non-involvement of certain defendants online, factual disputes existed about internet changes, and the breaches could not be characterised as trivial on the material before the court; particulars were sufficient for each defendant to know the allegations.

Court Disposition

Defendants' application to set aside leave dismissed; order nisi for costs made in favour of plaintiffs.

Orders

  • Application by 1st to 5th defendants to set aside leave dismissed
  • Order nisi that the defendants pay the plaintiffs the costs of this application