COMMODORE ELECTRONICS LTD. v. TAM HON WAH AND OTHERS

COMMODORE ELECTRONICS LTD. v. TAM HON WAH AND OTHERS

The non-disclosure of the plaintiff's scrap disposal arrangements was not material to the ex parte judge's weighing because the evidence showed the goods offered to the informant were not scrap; alternatively, even if material, the court would exercise its discretion to continue the injunctions because there was prima facie evidence of unlawful procurement, conversion and risk of dissipation and directors could be personally liable; accordingly the application to discharge the injunctions was refused.

Citation
COMMODORE ELECTRONICS LTD. v. TAM HON WAH AND OTHERS
Parties
Plaintiff: COMMODORE ELECTRONICS LIMITED; 1st Defendant: TAM HON WAH; 2nd Defendant: MARKSDATA INTERNATIONAL LIMITED; 3rd Defendant: WINCOLN INTERNATIONAL LIMITED; 4th Defendant: QUALITY SECURITY LIMITED; 5th Defendant: BASSANIO KUM TAK CHEUNG; 6th Defendant: SPENSER YIU KEI LUNG; 7th Defendant: SILVER WELL FASHION SHOP
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 October 1992
Case Number
HCA2987/1992
Procedural Posture
Civil Injunction (mareva/anton Piller Related) / Inter Partes Application to Discharge Ex Parte Injunctions (hearing at High Court)
Outcome
Application to discharge ex parte Mareva and restraining injunctions refused; injunctions continued
Legal Topics
Mareva Injunction, Anton Piller Order, Conversion, Conspiracy to Convert, Passing Off, Director's Personal Liability, Non Disclosure in Ex Parte Applications
Source Language
EN
Civil Commercial Equity Mareva Injunction Anton Piller Order Conversion Conspiracy to Convert Passing Off +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

COMMODORE ELECTRONICS LIMITED

Plaintiff

TAM HON WAH

1st Defendant

MARKSDATA INTERNATIONAL LIMITED

2nd Defendant

WINCOLN INTERNATIONAL LIMITED

3rd Defendant

QUALITY SECURITY LIMITED

4th Defendant

BASSANIO KUM TAK CHEUNG

5th Defendant

SPENSER YIU KEI LUNG

6th Defendant

SILVER WELL FASHION SHOP

7th Defendant

Procedural Posture

Civil Injunction (mareva/anton Piller Related) / Inter Partes Application to Discharge Ex Parte Injunctions (hearing at High Court)

Legal Issues

  1. 1 Whether omission to disclose plaintiff's scrap disposal practice was material to the earlier ex parte injunction
  2. 2 Whether there was a real risk of dissipation of assets justifying continuation of a Mareva injunction
  3. 3 Whether directors could be personally restrained given alleged involvement in unlawful procurement and sale of plaintiff's goods

Ratio Decidendi

The non-disclosure of the plaintiff's scrap disposal arrangements was not material to the ex parte judge's weighing because the evidence showed the goods offered to the informant were not scrap; alternatively, even if material, the court would exercise its discretion to continue the injunctions because there was prima facie evidence of unlawful procurement, conversion and risk of dissipation and directors could be personally liable; accordingly the application to discharge the injunctions was refused.

Court Disposition

Application to discharge ex parte Mareva and restraining injunctions refused; injunctions continued

Orders

  • Refused defendants' application to discharge the injunctions granted ex parte and varied; injunctions to remain in force
  • Costs awarded to the plaintiff