WONSON INTERNATIONAL HOLDINGS LTD. AND ANOTHER v. TONGA TRADE OFFICE AND OTHERS

WONSON INTERNATIONAL HOLDINGS LTD. AND ANOTHER v. TONGA TRADE OFFICE AND OTHERS

The ex parte order was discharged because the plaintiffs materially misinformed the ex parte judge about having obtained copyright permission and failed to disclose prior publication (the 5 October public presentation) which were material to the weighing exercise; however, on the inter partes hearing the court found...

Source-derived case information.

Citation
WONSON INTERNATIONAL HOLDINGS LTD. AND ANOTHER v. TONGA TRADE OFFICE AND OTHERS
Parties
1st Plaintiff: WONSON INTERNATIONAL HOLDINGS LIMITED; 2nd Plaintiff: HONG KONG 97 HOLDINGS LIMITED; 1st Defendant: TONGA TRADE OFFICE; 2nd Defendant: GEORGE CHEN; 3rd Defendant: CHEUNG TSEUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 January 2000
Case Number
HCA18197/1999
Procedural Posture
Civil Injunctions: Breach of Confidence and Alleged Contractual Non‑competition / Application to Discharge Ex Parte Order and Hearing of Inter Partes Summons (interlocutory Stage)
Outcome
Ex parte injunction discharged; limited interlocutory injunction (nisi) granted against 1st Defendant; costs and inquiry ordered.
Legal Topics
Ex Parte Injunction, Material Non Disclosure, American Cyanamid Principles, Confidential Information, Oral Contract / Non Competition, Damages
Source Language
en
Civil Procedure Injunctions Breach of Confidence Contract Law Intellectual Property Ex Parte Injunction Material Non Disclosure American Cyanamid Principles +3 more

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Parties

WONSON INTERNATIONAL HOLDINGS LIMITED

1st Plaintiff

HONG KONG 97 HOLDINGS LIMITED

2nd Plaintiff

TONGA TRADE OFFICE

1st Defendant

GEORGE CHEN

2nd Defendant

CHEUNG TSEUNG

3rd Defendant

Procedural Posture

Civil Injunctions: Breach of Confidence and Alleged Contractual Non‑competition / Application to Discharge Ex Parte Order and Hearing of Inter Partes Summons (interlocutory Stage)

Legal Issues

  1. 1 Whether the ex parte injunction should be discharged for material non-disclosure and misinformation
  2. 2 Whether there is a serious issue to be tried on the alleged oral July Agreement (non-competition clause)
  3. 3 Whether there is a breach of confidence and the duration of the 'shelf-life' of confidential information

Ratio Decidendi

The ex parte order was discharged because the plaintiffs materially misinformed the ex parte judge about having obtained copyright permission and failed to disclose prior publication (the 5 October public presentation) which were material to the weighing exercise; however, on the inter partes hearing the court found a serious issue to be tried on the alleged oral non‑competition agreement and on breach of confidence and granted a limited interlocutory injunction restraining the 1st Defendant from dealing in coins bearing President Jiang until trial or further order, with costs directions and an inquiry into damages caused by the ex parte order.

Court Disposition

Ex parte injunction discharged; limited interlocutory injunction (nisi) granted against 1st Defendant; costs and inquiry ordered.

Orders

  • The injunction granted by Yam J. on 24 November 1999 is discharged.
  • There shall be an inquiry as to any damages sustained by the 1st and 2nd Defendants by reason of the ex parte order of 24 November 1999, such damages to be assessed with interest.