VANUATU FREIGHT FORWARDING (H.K.) LTD. AND OTHERS v. VANUATU INTERNATIONAL LOGISTICS LTD. AND ANOTHER

VANUATU FREIGHT FORWARDING (H.K.) LTD. AND OTHERS v. VANUATU INTERNATIONAL LOGISTICS LTD. AND ANOTHER

The judge found the plaintiffs demonstrated a strong prima facie case and that irreparable harm would result unless interlocutory mandatory and prohibitory injunctions were granted; accordingly the injunctions were granted on the plaintiffs' cross‑undertaking in damages.

Citation
VANUATU FREIGHT FORWARDING (H.K.) LTD. AND OTHERS v. VANUATU INTERNATIONAL LOGISTICS LTD. AND ANOTHER
Parties
Plaintiffs: 1st to 6th Plaintiffs; 1st Defendant: 1st Defendant; 2nd Defendant: Annie Wang (also known as IrAm gP)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 May 2002
Case Number
HCA2029/2002
Procedural Posture
Interlocutory Application for Injunction / Hearing in Chambers; Judgment on Interlocutory Application
Outcome
Application granted
Legal Topics
Mandatory Injunction, Prohibitory Injunction, Irreparable Harm, Employee Competing Business, Use of Company Name
Source Language
EN
Injunctions Employment Law Company Law Trade Practices Mandatory Injunction Prohibitory Injunction Irreparable Harm Employee Competing Business +1 more

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Parties

1st to 6th Plaintiffs

Plaintiffs

1st Defendant

1st Defendant

Annie Wang (also known as IrAm gP)

2nd Defendant

Procedural Posture

Interlocutory Application for Injunction / Hearing in Chambers; Judgment on Interlocutory Application

Legal Issues

  1. 1 Whether plaintiffs entitled to mandatory and prohibitory interlocutory injunctions
  2. 2 Whether plaintiffs would suffer irreparable harm absent injunction
  3. 3 Whether the 2nd defendant set up and used a competing company and name to plaintiffs' prejudice

Ratio Decidendi

The judge found the plaintiffs demonstrated a strong prima facie case and that irreparable harm would result unless interlocutory mandatory and prohibitory injunctions were granted; accordingly the injunctions were granted on the plaintiffs' cross‑undertaking in damages.

Court Disposition

Application granted

Orders

  • Mandatory injunction granted in terms of the summons
  • Prohibitory injunction granted in terms of the summons