INTERLEGO A.G. v. TYCO INDUSTRIES, INC AND OTHERS

INTERLEGO A.G. v. TYCO INDUSTRIES, INC AND OTHERS

Because the plaintiff chose to place the detailed, commercially sensitive evidence before the court in support of its ex parte application, it was bound to disclose those exhibits to the defendants; the defendants were entitled to inspect and take copies of the exhibits and the plaintiff could not withhold them on grounds of commercial sensitivity.

Citation
INTERLEGO A.G. v. TYCO INDUSTRIES, INC AND OTHERS
Parties
Plaintiff: Interlego A.G.; 1st Defendant: Tyco Industries, Inc.; 2nd Defendant: Tyco (Hong Kong) Limited; 3rd Defendant: The Refined Industry Co. Limited; 4th Defendant: Denifer Technology Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 December 1984
Case Number
HCA4231/1984
Procedural Posture
Civil Copyright Dispute With Anton Piller/interim Relief / Inter Partes Summons for Inspection and Copies of Exhibits Following an Ex Parte Anton Piller Order
Outcome
Summons granted in favour of the defendants; disclosure ordered.
Legal Topics
Copyright, Anton Piller Order, Disclosure, Confidentiality, Inspection of Documents, Interim Relief
Source Language
EN
Intellectual Property Civil Procedure Copyright Anton Piller Order Disclosure Confidentiality Inspection of Documents Interim Relief

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Parties

Interlego A.G.

Plaintiff

Tyco Industries, Inc.

1st Defendant

Tyco (Hong Kong) Limited

2nd Defendant

The Refined Industry Co. Limited

3rd Defendant

Denifer Technology Limited

4th Defendant

Procedural Posture

Civil Copyright Dispute With Anton Piller/interim Relief / Inter Partes Summons for Inspection and Copies of Exhibits Following an Ex Parte Anton Piller Order

Legal Issues

  1. 1 Whether documents exhibited to an ex parte affidavit may be withheld from the affected defendants
  2. 2 Whether the defendants are entitled to inspect and take copies of exhibits ACDE 3, ACDE 4 and ACDE 5
  3. 3 Balance between commercial confidentiality and obligation to disclose evidence placed before the court

Ratio Decidendi

Because the plaintiff chose to place the detailed, commercially sensitive evidence before the court in support of its ex parte application, it was bound to disclose those exhibits to the defendants; the defendants were entitled to inspect and take copies of the exhibits and the plaintiff could not withhold them on grounds of commercial sensitivity.

Court Disposition

Summons granted in favour of the defendants; disclosure ordered.

Orders

  • Defendants are entitled to inspect and take copies of exhibits ACDE 3, ACDE 4 and ACDE 5 as sought in the summons.
  • Plaintiff must disclose the specified exhibits to the defendants; confidentiality claims based solely on commercial sensitivity are insufficient to withhold the documents.