MUGINOHO CO., LTD v. VIMIU HK CO., LTD

MUGINOHO CO., LTD v. VIMIU HK CO., LTD

The plaintiff's delay was not sufficiently serious to negate urgency; the defendant was ordered to file and serve its affidavit within 14 days and the plaintiff to file affidavits in reply within seven days; an interim injunction was granted limited to sub‑franchise shops still operating in the Beard Papa mode and to any new sub‑franchisee or outlet until 17 February 2012 or further order, while dealings with franchisees that have ceased Beard Papa operations were permitted until the inter partes hearing.

Citation
MUGINOHO CO., LTD v. VIMIU HK CO., LTD
Parties
Plaintiff: MUGINOHO CO., LTD; Defendant: VIMIU HK CO., LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 January 2012
Case Number
HCMP107/2012
Procedural Posture
Miscellaneous Proceedings (hcmp 107/2012) / Interim Application for Injunction — Hearing in Chambers (decision)
Outcome
Interim injunction granted in part; timetable for affidavits set; inter partes summons adjourned to 17 February 2012; costs reserved.
Legal Topics
Interim Injunction, Urgency, Affidavit Deadlines, Status Quo Orders, Adjournment
Source Language
EN
Civil Procedure Interim Relief Franchise Law Arbitration Commercial Law Interim Injunction Urgency Affidavit Deadlines +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

MUGINOHO CO., LTD

Plaintiff

VIMIU HK CO., LTD

Defendant

Procedural Posture

Miscellaneous Proceedings (hcmp 107/2012) / Interim Application for Injunction — Hearing in Chambers (decision)

Legal Issues

  1. 1 Whether the plaintiff acted with sufficient urgency to justify relief
  2. 2 Whether the defendant's willingness to arbitrate affects interim relief
  3. 3 Scope of injunction regarding sub‑franchisees operating in Beard Papa mode

Ratio Decidendi

The plaintiff's delay was not sufficiently serious to negate urgency; the defendant was ordered to file and serve its affidavit within 14 days and the plaintiff to file affidavits in reply within seven days; an interim injunction was granted limited to sub‑franchise shops still operating in the Beard Papa mode and to any new sub‑franchisee or outlet until 17 February 2012 or further order, while dealings with franchisees that have ceased Beard Papa operations were permitted until the inter partes hearing.

Court Disposition

Interim injunction granted in part; timetable for affidavits set; inter partes summons adjourned to 17 February 2012; costs reserved.

Orders

  • Inter partes summons adjourned to 17 February 2012
  • Defendant to file and serve its affidavit in opposition within 14 days from 20 January 2012