HWANG JOON SANG AND ANOTHER v. GOLDEN ELECTRONICS INC. AND OTHERS

HWANG JOON SANG AND ANOTHER v. GOLDEN ELECTRONICS INC. AND OTHERS

The Court held that, in the circumstances of extensive documentary material and defendants who had attempted to evade service, it was appropriate to grant leave to serve future non-originating documents on specified defendants by providing a court-approved link to an online data room together with a separate access code and instructions, because this method satisfies the rules' underlying objectives, constitutes effective notice, and is proportionate and secure; the Court also found earlier service attempts in Taiwan effective despite returned parcels and continued interim injunctions against most named defendants.

Citation
[2020] HKCFI 1084
Parties
1st Plaintiff: Hwang Joon Sang; 2nd Plaintiff: Future Cell Plus Co., Ltd; 1st Defendant: Golden Electronics Inc.; 2nd Defendant: Worldbest Global Supplier Inc.; 3rd Defendant: Harmony Electronics Inc.; 4th Defendant: Quantum Electronics Inc.; 5th Defendant: Jin Miao International Limited; 6th Defendant: Vivien Chung Ying-Yin; 7th Defendant: Magic Electronics Inc.; 8th Defendant: B.C Century Techoology Limited; 9th Defendant: Chen Nien Fang; 10th Defendant: Chen Yi Kuei; 11th Defendant: China Dynamic Limited; 12th Defendant: Chiu Wei Fen; 13th Defendant: Chou Lin Chiao; 14th Defendant: Glory Dynamic Limited; 15th Defendant: Hsu Wei Lun; 16th Defendant: Hu Hong Bin; 17th Defendant: Imperial Dragon Limited; 18th Defendant: Lin Chih Cheng; 19th Defendant: Liu Mei Ting; 20th Defendant: Magic Crystal Limited; 21st Defendant: Niu Hsiu Chen; 22nd Defendant: Su Chao Ming; 23rd Defendant: Su Kuang Hong; 24th Defendant: Su Pei I; 25th Defendant: Tsai Pao Tsai; 26th Defendant: Wang Chao Cheng; 27th Defendant: Wang Hui Min; 28th Defendant: Chou Pei Fen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 June 2020
Case Number
HCA1529/2019
Procedural Posture
Civil Action for Proprietary Remedies (constructive Trust, Account) With Interlocutory Injunctions / Interlocutory Application to Continue Interim Injunctions and for Leave to Effect Future Service by Data Room Under RHC Order 65 R 5(1)(d)
Outcome
Leave granted to plaintiffs to effect future service on D10, D11, D14, D17, D19, D20, D21, D22, D23, D24, D26, D27 and D28 by access to a court-approved data room; interim injunctions continued against specified defendants except where service not effective (D25) or proceedings discontinued (D8).
Legal Topics
Constructive Trust, Service by Data Room, Order 65 Rule 5, Case Management, Service Out of Jurisdiction, Interim Relief
Source Language
EN
Civil Procedure Trusts Injunctions Service of Process Cross Border Litigation Constructive Trust Service by Data Room Order 65 Rule 5 +3 more

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Parties

Hwang Joon Sang

1st Plaintiff

Future Cell Plus Co., Ltd

2nd Plaintiff

Golden Electronics Inc.

1st Defendant

Worldbest Global Supplier Inc.

2nd Defendant

Harmony Electronics Inc.

3rd Defendant

Quantum Electronics Inc.

4th Defendant

Jin Miao International Limited

5th Defendant

Vivien Chung Ying-Yin

6th Defendant

Magic Electronics Inc.

7th Defendant

B.C Century Techoology Limited

8th Defendant

Chen Nien Fang

9th Defendant

Chen Yi Kuei

10th Defendant

China Dynamic Limited

11th Defendant

Chiu Wei Fen

12th Defendant

Chou Lin Chiao

13th Defendant

Glory Dynamic Limited

14th Defendant

Hsu Wei Lun

15th Defendant

Hu Hong Bin

16th Defendant

Imperial Dragon Limited

17th Defendant

Lin Chih Cheng

18th Defendant

Liu Mei Ting

19th Defendant

Magic Crystal Limited

20th Defendant

Niu Hsiu Chen

21st Defendant

Su Chao Ming

22nd Defendant

Su Kuang Hong

23rd Defendant

Su Pei I

24th Defendant

Tsai Pao Tsai

25th Defendant

Wang Chao Cheng

26th Defendant

Wang Hui Min

27th Defendant

Chou Pei Fen

28th Defendant

Procedural Posture

Civil Action for Proprietary Remedies (constructive Trust, Account) With Interlocutory Injunctions / Interlocutory Application to Continue Interim Injunctions and for Leave to Effect Future Service by Data Room Under RHC Order 65 R 5(1)(d)

Legal Issues

  1. 1 Whether service by access to a court-approved data room is an authorised and effective mode of service under RHC Order 65 r 5(1)(d)
  2. 2 Whether previous attempts at service in Taiwan were effective despite returned parcels
  3. 3 Whether the interim injunction should be continued against specified defendants

Ratio Decidendi

The Court held that, in the circumstances of extensive documentary material and defendants who had attempted to evade service, it was appropriate to grant leave to serve future non-originating documents on specified defendants by providing a court-approved link to an online data room together with a separate access code and instructions, because this method satisfies the rules' underlying objectives, constitutes effective notice, and is proportionate and secure; the Court also found earlier service attempts in Taiwan effective despite returned parcels and continued interim injunctions against most named defendants.

Court Disposition

Leave granted to plaintiffs to effect future service on D10, D11, D14, D17, D19, D20, D21, D22, D23, D24, D26, D27 and D28 by access to a court-approved data room; interim injunctions continued against specified defendants except where service not effective (D25) or proceedings discontinued (D8).

Orders

  • Interim injunction continued against D7, D10, D11, D13, D14, D15, D17, D19, D20, D21, D22, D23, D24, D26, D27 and D28 (except D25 and D8 as noted)
  • Leave granted to plaintiffs to serve future documents on D10, D11, D14, D17, D19, D20, D21, D22, D23, D24, D26, D27 and D28 by access to a data room