PCCW - HKT TELEPHONE LTD AND ANOTHER v. DAVID MATTHEW McDONALD AITKEN AND ANOTHER

PCCW - HKT TELEPHONE LTD AND ANOTHER v. DAVID MATTHEW McDONALD AITKEN AND ANOTHER

The ex parte injunctions were set aside for material non-disclosure to the ex parte judge and because parts of the injunctions sought were too wide and/or amounted to an impermissible restraint of trade; however, on the interlocutory application the court found a serious question to be tried as to possession and risk of misuse of particularised confidential materials and accordingly granted a limited, precise interlocutory injunction protecting specified documents and discussions from disclosure or use by the 1st Defendant until trial, and dismissed the plaintiffs' interlocutory claims against CSL for inducement.

Citation
PCCW - HKT TELEPHONE LTD AND ANOTHER v. DAVID MATTHEW McDONALD AITKEN AND ANOTHER
Parties
1st Plaintiff: PCCW - HKT Telephone Limited; 2nd Plaintiff: PCCW Services Limited; 1st Defendant: David Matthew McDonald Aitken; 2nd Defendant: Hong Kong CSL Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 July 2008
Case Number
HCA1089/2008
Procedural Posture
Interlocutory Application to Set Aside Ex Parte Injunction and for Interlocutory Relief / Chambers Hearing on Summons (application to Set Aside Ex Parte Injunction)
Outcome
Ex parte injunctions set aside; limited interlocutory injunction granted against 1st Defendant in precise terms; interlocutory relief against 2nd Defendant dismissed; nisi cost orders made
Legal Topics
Interlocutory Injunction, Breach of Confidence, Restraint of Trade, Inducement/procurement of Breach, Telecommunications Interconnection Regulation (fmic/fmc), Privilege and Solicitor Client Confidentiality, Material Non Disclosure in Ex Parte Applications
Source Language
EN
Equity Contract Employment Law Tort (inducement) Telecommunications Regulation Civil Procedure Interlocutory Injunction Breach of Confidence +5 more

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Parties

PCCW - HKT Telephone Limited

1st Plaintiff

PCCW Services Limited

2nd Plaintiff

David Matthew McDonald Aitken

1st Defendant

Hong Kong CSL Limited

2nd Defendant

Procedural Posture

Interlocutory Application to Set Aside Ex Parte Injunction and for Interlocutory Relief / Chambers Hearing on Summons (application to Set Aside Ex Parte Injunction)

Legal Issues

  1. 1 Whether there was a serious question to be tried on breach of contract and confidence by the 1st Defendant
  2. 2 Whether particulars of the alleged confidential information were sufficiently specific to justify injunction
  3. 3 Whether injunction sought amounted impermissibly to a restraint of trade

Ratio Decidendi

The ex parte injunctions were set aside for material non-disclosure to the ex parte judge and because parts of the injunctions sought were too wide and/or amounted to an impermissible restraint of trade; however, on the interlocutory application the court found a serious question to be tried as to possession and risk of misuse of particularised confidential materials and accordingly granted a limited, precise interlocutory injunction protecting specified documents and discussions from disclosure or use by the 1st Defendant until trial, and dismissed the plaintiffs' interlocutory claims against CSL for inducement.

Court Disposition

Ex parte injunctions set aside; limited interlocutory injunction granted against 1st Defendant in precise terms; interlocutory relief against 2nd Defendant dismissed; nisi cost orders made

Orders

  • Set aside the ex parte orders granted on 13 June 2008 against David Matthew McDonald Aitken
  • Set aside the ex parte orders granted on 13 June 2008 against Hong Kong CSL Limited