WORLDTRADE ENTERTAINMENT LTD. AND ANOTHER v. STARWAY TECHNOLOGY LTD. AND ANOTHER

WORLDTRADE ENTERTAINMENT LTD. AND ANOTHER v. STARWAY TECHNOLOGY LTD. AND ANOTHER

The concealed parts (price, payment terms and specified deduction) are relevant to the validity and enforceability of the licence and therefore to liability under the wide Peruvian Guano relevance test; confidentiality alone does not justify non-disclosure because the implied undertaking protects against collateral misuse, and Auto-Treasure does not bar disclosure where the material is relevant to liability; accordingly the Plaintiffs must disclose the redacted parts and the Court will decide terms and costs.

Citation
WORLDTRADE ENTERTAINMENT LTD. AND ANOTHER v. STARWAY TECHNOLOGY LTD. AND ANOTHER
Parties
1st Plaintiff: WORLDTRADE ENTERTAINMENT LIMITED; 2nd Plaintiff: MANDARIN FILMS DISTRIBUTION COMPANY; 1st Defendant: STARWAY TECHNOLOGY LIMITED; 2nd Defendant: CHAN CHING WING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 May 2000
Case Number
HCA450/2000
Procedural Posture
Copyright Infringement (civil) / Interlocutory Application for Production of Documents (order 14 and Order 24 Rule 10) Hearing on Summons and Inspection
Outcome
Application granted in part: Plaintiffs ordered to disclose the previously concealed parts of the agreement to Defendants; parties to be heard on terms of disclosure and costs.
Legal Topics
Copyright Infringement, Disclosure of Documents, Relevance Test, Confidentiality/trade Secrets, Order 14, Order 24 Rule 10, Peruvian Guano Relevance Principle
Source Language
EN
Intellectual Property Civil Procedure Contract Law Disclosure/discovery Copyright Infringement Disclosure of Documents Relevance Test Confidentiality/trade Secrets +3 more

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Parties

WORLDTRADE ENTERTAINMENT LIMITED

1st Plaintiff

MANDARIN FILMS DISTRIBUTION COMPANY

2nd Plaintiff

STARWAY TECHNOLOGY LIMITED

1st Defendant

CHAN CHING WING

2nd Defendant

Procedural Posture

Copyright Infringement (civil) / Interlocutory Application for Production of Documents (order 14 and Order 24 Rule 10) Hearing on Summons and Inspection

Legal Issues

  1. 1 Whether the Plaintiffs must disclose parts of an agreement concealed as "trade secrets","price and payment terms and a contractual deduction"
  2. 2 Whether the concealed information is relevant to liability or only to quantum
  3. 3 Whether confidentiality/trade secret status justifies non-disclosure at interlocutory stage

Ratio Decidendi

The concealed parts (price, payment terms and specified deduction) are relevant to the validity and enforceability of the licence and therefore to liability under the wide Peruvian Guano relevance test; confidentiality alone does not justify non-disclosure because the implied undertaking protects against collateral misuse, and Auto-Treasure does not bar disclosure where the material is relevant to liability; accordingly the Plaintiffs must disclose the redacted parts and the Court will decide terms and costs.

Court Disposition

Application granted in part: Plaintiffs ordered to disclose the previously concealed parts of the agreement to Defendants; parties to be heard on terms of disclosure and costs.

Orders

  • Plaintiffs to disclose to the Defendants the parts of the agreement previously concealed (including the price in Clause 1, the manner and timing of payment in Clause 3 and the deduction in Clause 16).
  • The Court will hear the parties on the terms of the disclosure order and on costs.