RE INTERLEGO AG

RE INTERLEGO AG

No finding of contempt was made because the contempt application was not pursued after the company deleted "LEGO" from its name and gave undertakings; evidence suggested no continuing business or passing off and any non-compliance was at best a technical breach (non-filing of an affirmation) unlikely to justify full committal proceedings; accordingly the court exercised its discretion on costs and ordered the defendant company to pay half the costs on a party-and-party basis and made no order for costs against the individual directors.

Citation
RE INTERLEGO AG
Parties
Applicant: INTERLEGO A.G.; 1st Respondent (director): LEE KAM WAH; 2nd Respondent (director): LEUNG CHEUNG TONG; 3rd Respondent (defendant Company): LEGO NEW ENTERPRISES LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 July 1995
Case Number
HCMP709/1995
Procedural Posture
Application for Committal (contempt) and Writs of Sequestration Arising From High Court Action A4172 of 1994 / Judgment on Originating Motion (decision on Costs)
Outcome
Application for committal not pursued to final determination; no contempt established; costs awarded against the company in part.
Legal Topics
Committal for Contempt, Injunction Compliance, Delivery Up of Goods, Affirmation/undertaking, Costs Discretion
Source Language
EN
Contempt of Court Intellectual Property Passing Off Company Law Civil Procedure Costs Committal for Contempt Injunction Compliance Delivery Up of Goods +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 4 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

INTERLEGO A.G.

Applicant

LEE KAM WAH

1st Respondent (director)

LEUNG CHEUNG TONG

2nd Respondent (director)

LEGO NEW ENTERPRISES LIMITED

3rd Respondent (defendant Company)

Procedural Posture

Application for Committal (contempt) and Writs of Sequestration Arising From High Court Action A4172 of 1994 / Judgment on Originating Motion (decision on Costs)

Legal Issues

  1. 1 Whether the directors could be committed for contempt for non-compliance with an order made against the company
  2. 2 Whether failure to change the company name (deleting "LEGO") after judgment constituted contempt
  3. 3 Whether non-delivery of offending articles and non-filing of an affirmation amounted to contempt

Ratio Decidendi

No finding of contempt was made because the contempt application was not pursued after the company deleted "LEGO" from its name and gave undertakings; evidence suggested no continuing business or passing off and any non-compliance was at best a technical breach (non-filing of an affirmation) unlikely to justify full committal proceedings; accordingly the court exercised its discretion on costs and ordered the defendant company to pay half the costs on a party-and-party basis and made no order for costs against the individual directors.

Court Disposition

Application for committal not pursued to final determination; no contempt established; costs awarded against the company in part.

Orders

  • The Defendant Company (Lego New Enterprises Limited) shall pay half of the costs of the application to the Applicant on a party and party basis.
  • No order as to costs between Mr. Lee Kam Wah and the Applicant.