SANRIO CO. LTD. AND ANOTHER v. TSUI WAI FOR AND OTHERS

SANRIO CO. LTD. AND ANOTHER v. TSUI WAI FOR AND OTHERS

The defendants' offer of a private contractual undertaking was unacceptable as a substitute for a court order or an undertaking to the court; the defendants' unreasonable insistence on offering only a private undertaking and their prior conduct made the hearing necessary; accordingly the defendants were ordered to pay the plaintiffs' costs of and thrown away by the hearing, to be taxed if not agreed, and other costs to be costs in the cause.

Citation
SANRIO CO. LTD. AND ANOTHER v. TSUI WAI FOR AND OTHERS
Parties
1st Plaintiff: Sanrio Company, Ltd.; 2nd Plaintiff: Sanrio (Hong Kong) Company Limited; 1st Defendant: Tsui Wai For; 2nd Defendant: Tsui Ling Ling; 3rd Defendant: Wong Chi Wai; Associated Defendant: Ngai Shak Imitation Jewellery Co.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 June 1999
Case Number
HCA20171/1998
Procedural Posture
Civil Interlocutory Injunction / Inter Partes Summons Hearing for Continuation of Interlocutory Injunction
Outcome
Hearing proceeded; defendants ordered to pay plaintiffs' costs of and thrown away by the hearing; all other costs and costs reserved to be costs in the cause.
Legal Topics
Interlocutory Injunction, Undertaking to Court Vs Private Undertaking, Costs Order, Consent Summons, Ex Parte Order Continuation
Source Language
EN
Civil Intellectual Property Injunctions Costs Interlocutory Injunction Undertaking to Court Vs Private Undertaking Costs Order Consent Summons +1 more

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Parties

Sanrio Company, Ltd.

1st Plaintiff

Sanrio (Hong Kong) Company Limited

2nd Plaintiff

Tsui Wai For

1st Defendant

Tsui Ling Ling

2nd Defendant

Wong Chi Wai

3rd Defendant

Ngai Shak Imitation Jewellery Co.

Associated Defendant

Procedural Posture

Civil Interlocutory Injunction / Inter Partes Summons Hearing for Continuation of Interlocutory Injunction

Legal Issues

  1. 1 Whether a private contractual undertaking can replace a court order or an undertaking to the court
  2. 2 Whether the hearing could properly be dispensed with by consent given parties' prior conduct
  3. 3 Allocation of costs for a hearing rendered necessary by a party's unreasonable conduct

Ratio Decidendi

The defendants' offer of a private contractual undertaking was unacceptable as a substitute for a court order or an undertaking to the court; the defendants' unreasonable insistence on offering only a private undertaking and their prior conduct made the hearing necessary; accordingly the defendants were ordered to pay the plaintiffs' costs of and thrown away by the hearing, to be taxed if not agreed, and other costs to be costs in the cause.

Court Disposition

Hearing proceeded; defendants ordered to pay plaintiffs' costs of and thrown away by the hearing; all other costs and costs reserved to be costs in the cause.

Orders

  • Continue interlocutory injunction in accordance with the terms before the Court
  • Defendants to bear the plaintiffs' costs of and thrown away by the hearing, to be taxed if not agreed