NAGRAVISION SA v. ZHUHAI GOTECH INTELLIGENT TECHNOLOGY CO LD AND OTHERS

NAGRAVISION SA v. ZHUHAI GOTECH INTELLIGENT TECHNOLOGY CO LD AND OTHERS

On interlocutory evidence the plaintiff established a good arguable case on multiple causes of action, the Texas default judgment met the standards for enforcement in Hong Kong (final, for a definite sum, and by a court of competent jurisdiction), there was sufficient evidence of presence/substantial US-based operations to support US jurisdiction, there was a real risk of dissipation and it was just and convenient to continue interlocutory relief; accordingly the Mareva injunction and delivery up order were continued, bankers records order granted, and the defendants jurisdictional challenges and discharge applications dismissed.

Citation
[2018] HKCFI 1330
Parties
Plaintiff: NAGRAVISION SA; 1st Defendant: ZHUHAI GOTECH INTELLIGENT TECHNOLOGY COMPANY LIMITED; 2nd Defendant: GOTECH INTERNATIONAL TECHNOLOGY LIMITED; 3rd Defendant: GLOBALSAT INTERNATIONAL TECHOLOGY LIMITED; 4th Defendant: FULLBOX ELECTRONIC TECHOLOGY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 June 2018
Case Number
HCA2297/2016
Procedural Posture
Civil Commercial Intellectual Property Enforcement and Interim Relief / Interlocutory Hearing (applications for Continuation of Mareva Injunction, Delivery Up Order, Bankers Records; Jurisdiction Summons)
Outcome
Plaintiff's interlocutory applications granted in part and defendants' discharge and jurisdiction summons dismissed; plaintiff permitted to continue Mareva injunction and delivery up order; bankers records order against HSBC granted; D1 and D2 given leave to file defences; costs awarded to plaintiff
Legal Topics
Enforcement of Foreign Judgment, Mareva Injunction, Delivery Up Order, Service Out of Jurisdiction (order 11), DMCA Statutory Damages, Personal Jurisdiction/presence, Forum Non Conveniens, Bankers Records (evidence Ordinance S21), Section 275 Copyright Ordinance
Source Language
EN
Copyright Law Intellectual Property Conflict of Laws International Judgment Enforcement Injunctive Relief Banking Disclosure Civil Procedure Enforcement of Foreign Judgment +8 more

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Parties

NAGRAVISION SA

Plaintiff

ZHUHAI GOTECH INTELLIGENT TECHNOLOGY COMPANY LIMITED

1st Defendant

GOTECH INTERNATIONAL TECHNOLOGY LIMITED

2nd Defendant

GLOBALSAT INTERNATIONAL TECHOLOGY LIMITED

3rd Defendant

FULLBOX ELECTRONIC TECHOLOGY LIMITED

4th Defendant

Procedural Posture

Civil Commercial Intellectual Property Enforcement and Interim Relief / Interlocutory Hearing (applications for Continuation of Mareva Injunction, Delivery Up Order, Bankers Records; Jurisdiction Summons)

Legal Issues

  1. 1 Whether the US (Texas) default judgment is enforceable in Hong Kong
  2. 2 Whether the Texas court had personal jurisdiction over D1 and D2 (presence/submission)
  3. 3 Whether the DMCA statutory damages award is penal or so excessive as to be unenforceable

Ratio Decidendi

On interlocutory evidence the plaintiff established a good arguable case on multiple causes of action, the Texas default judgment met the standards for enforcement in Hong Kong (final, for a definite sum, and by a court of competent jurisdiction), there was sufficient evidence of presence/substantial US-based operations to support US jurisdiction, there was a real risk of dissipation and it was just and convenient to continue interlocutory relief; accordingly the Mareva injunction and delivery up order were continued, bankers records order granted, and the defendants jurisdictional challenges and discharge applications dismissed.

Court Disposition

Plaintiff's interlocutory applications granted in part and defendants' discharge and jurisdiction summons dismissed; plaintiff permitted to continue Mareva injunction and delivery up order; bankers records order against HSBC granted; D1 and D2 given leave to file defences; costs awarded to plaintiff

Orders

  • Continue Mareva injunction restraining assets up to US$101,851,800 (continued until trial or further order)
  • Continue Delivery Up Order (delivery up, disclosure and prohibitions including gag order) with terms to be settled at short appointment