LINDE HKO LTD v. LAI YUK KEI AND OTHERS

LINDE HKO LTD v. LAI YUK KEI AND OTHERS

The 3rd defendant's intentional transport, storage and delivery of the plaintiff's HKO cylinders to be refilled by a third party went beyond mere ministerial handling and materially interfered with the plaintiff's proprietary rights; he failed to prove he could not reasonably have known the cylinders belonged to the plaintiff, therefore he facilitated conversion and final judgment on the conversion claim was justified.

Citation
LINDE HKO LTD v. LAI YUK KEI AND OTHERS
Parties
Plaintiff: LINDE HKO LIMITED; 1st Defendant: LAI YUK KEI; 2nd Defendant: ALMA WELDING EQUIPMENT COMPANY LIMITED; 3rd Defendant: CHAN YIU MING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 September 2015
Case Number
HCA2371/2014
Procedural Posture
Conversion (with Underlying Claim for Trademark Infringement) / Application for Final Judgment on Summons (chambers Decision)
Outcome
Final judgment entered for the plaintiff against the 3rd defendant on the claim for conversion; relief granted as amended; costs of the summons ordered nisi to the plaintiff.
Legal Topics
Conversion, Possession, Carrier Liability, Ministerial Handling, Injunctions, Costs
Source Language
EN
Tort Property Commercial Law Intellectual Property Conversion Possession Carrier Liability Ministerial Handling +2 more

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Parties

LINDE HKO LIMITED

Plaintiff

LAI YUK KEI

1st Defendant

ALMA WELDING EQUIPMENT COMPANY LIMITED

2nd Defendant

CHAN YIU MING

3rd Defendant

Procedural Posture

Conversion (with Underlying Claim for Trademark Infringement) / Application for Final Judgment on Summons (chambers Decision)

Legal Issues

  1. 1 Whether the 3rd defendant is liable for conversion for transporting, storing and facilitating refilling of plaintiff's cylinders
  2. 2 Whether the 3rd defendant's acts fall within the exception of justifiable ministerial handling (bona fide carrier/storage)
  3. 3 Whether the 3rd defendant knew or could reasonably have known the cylinders belonged to the plaintiff

Ratio Decidendi

The 3rd defendant's intentional transport, storage and delivery of the plaintiff's HKO cylinders to be refilled by a third party went beyond mere ministerial handling and materially interfered with the plaintiff's proprietary rights; he failed to prove he could not reasonably have known the cylinders belonged to the plaintiff, therefore he facilitated conversion and final judgment on the conversion claim was justified.

Court Disposition

Final judgment entered for the plaintiff against the 3rd defendant on the claim for conversion; relief granted as amended; costs of the summons ordered nisi to the plaintiff.

Orders

  • Final judgment for the plaintiff on the claim for conversion against the 3rd defendant
  • Declaration and final order for delivery up limited to the 429 HKO cylinders recovered and now in plaintiff's possession (as amended at hearing)