AXA CHINA REGION INSURANCE CO. LTD. AND ANOTHER v. PACIFIC CENTURY INSURANCE CO. LTD. AND OTHERS

AXA CHINA REGION INSURANCE CO. LTD. AND ANOTHER v. PACIFIC CENTURY INSURANCE CO. LTD. AND OTHERS

Court held AXA had raised serious issues to be tried that Client Data were protectable confidential information/trade-secrets, that the Individual Defendants owed a duty of fidelity during their agency and that PCI, on the facts pleaded, could be bound by a duty of confidence and had arguable dishonest knowledge; damages could be inadequate and the balance of convenience favoured interlocutory relief; accordingly interlocutory injunctions, delivery up and disclosure orders were justified until trial or further order.

Citation
AXA CHINA REGION INSURANCE CO. LTD. AND ANOTHER v. PACIFIC CENTURY INSURANCE CO. LTD. AND OTHERS
Parties
1st Plaintiff: AXA China Region Insurance Company Limited; 2nd Plaintiff: AXA China Region Insurance Company (Bermuda) Limited; 1st Defendant: Pacific Century Insurance Company Limited; 2nd Defendant: Ng Wing Keung, Paul; 3rd Defendant: Chan Chi Kin, Johnny; 4th Defendant: Lai Heung Wing, Dicky; 5th Defendant: Lau Kai Ming, Raymond; 6th Defendant: Chung Ka Fong, Jessica; 7th Defendant: Chan Chi Keung, Jimmy; 8th Defendant: Woo Pak Fai, Anthony; 9th Defendant: Chiu Hark Wan, Jay; 10th Defendant: Got Wai Ling, Jimmy
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
24 July 2001
Case Number
HCA9093/2000
Procedural Posture
Civil: Interlocutory Application for Injunction, Delivery Up and Disclosure / Interlocutory (pre Trial)
Outcome
Interlocutory injunction, delivery up and disclosure orders granted against Pacific Century Insurance Company Limited and the 2nd–10th defendants (as to Client Data) until trial or further order; costs nisi ordered
Legal Topics
Interlocutory Injunction, Breach of Confidence, Fiduciary Duty / Duty of Fidelity, Delivery Up Order, Disclosure/norwich Pharmacal Relief, Misrepresentation, Restraint of Trade, Unlawful Interference
Source Language
EN
Equity Contract (agency) Tort (economic Torts) Insurance Law Confidential Information/trade Secrets Interlocutory Injunction Breach of Confidence Fiduciary Duty / Duty of Fidelity +5 more

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Parties

AXA China Region Insurance Company Limited

1st Plaintiff

AXA China Region Insurance Company (Bermuda) Limited

2nd Plaintiff

Pacific Century Insurance Company Limited

1st Defendant

Ng Wing Keung, Paul

2nd Defendant

Chan Chi Kin, Johnny

3rd Defendant

Lai Heung Wing, Dicky

4th Defendant

Lau Kai Ming, Raymond

5th Defendant

Chung Ka Fong, Jessica

6th Defendant

Chan Chi Keung, Jimmy

7th Defendant

Woo Pak Fai, Anthony

8th Defendant

Chiu Hark Wan, Jay

9th Defendant

Got Wai Ling, Jimmy

10th Defendant

Procedural Posture

Civil: Interlocutory Application for Injunction, Delivery Up and Disclosure / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether AXA's Client Data amount to trade secrets or information of sufficient confidentiality
  2. 2 Whether the Individual Defendants owed and breached a duty of fidelity during the subsistence of their agency by copying/removing Client Data
  3. 3 Whether PCI, as recipient of data, owed a duty of confidence and acted dishonestly in using the Client Data

Ratio Decidendi

Court held AXA had raised serious issues to be tried that Client Data were protectable confidential information/trade-secrets, that the Individual Defendants owed a duty of fidelity during their agency and that PCI, on the facts pleaded, could be bound by a duty of confidence and had arguable dishonest knowledge; damages could be inadequate and the balance of convenience favoured interlocutory relief; accordingly interlocutory injunctions, delivery up and disclosure orders were justified until trial or further order.

Court Disposition

Interlocutory injunction, delivery up and disclosure orders granted against Pacific Century Insurance Company Limited and the 2nd–10th defendants (as to Client Data) until trial or further order; costs nisi ordered

Orders

  • Interlocutory injunction restraining PCI from disclosing, divulging or otherwise using any of AXA's Client Data and from accepting or processing applications accompanied by AXA SAMS documents and from soliciting business by representing PCI products as matching where SAMS Client Data were involved (until trial or...
  • Interlocutory injunction restraining the 2nd–10th Individual Defendants from disclosing, divulging or otherwise making use of any of AXA's Client Data (until trial or further order)