DEVERE GROUP HONG KONG LTD AND ANOTHER v. NICHOLAS EDWARD JOHN SMITH

DEVERE GROUP HONG KONG LTD AND ANOTHER v. NICHOLAS EDWARD JOHN SMITH

Plaintiffs failed the 'serious issue to be tried' limb because their case rested on speculation and suspicion without direct or adequate circumstantial evidence and multiple alternative sources existed; accordingly interlocutory relief was unjustified and the application was dismissed.

Source-derived case information.

Citation
DEVERE GROUP HONG KONG LTD AND ANOTHER v. NICHOLAS EDWARD JOHN SMITH
Parties
1st Plaintiff: Devere Group Hong Kong Limited; 2nd Plaintiff: Devere & Partners; Defendant: Nicholas Edward John Smith
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 April 2014
Case Number
HCA1950/2013
Procedural Posture
Interlocutory Injunction Application / Hearing of Amended Summons and Judgment
Outcome
Application dismissed; interim undertakings released; costs awarded to defendant (nisi)
Legal Topics
Breach of Confidence, Interlocutory Injunction, Confidential Information, Balance of Convenience, American Cyanamid Test, Disclosure to Media
Source Language
en
Equity Civil Procedure Employment Breach of Confidence Interlocutory Injunction Confidential Information Balance of Convenience American Cyanamid Test +1 more

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Summary, issues, holding and outcome

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Parties

Devere Group Hong Kong Limited

1st Plaintiff

Devere & Partners

2nd Plaintiff

Nicholas Edward John Smith

Defendant

Procedural Posture

Interlocutory Injunction Application / Hearing of Amended Summons and Judgment

Legal Issues

  1. 1 Whether there is a serious issue to be tried under the American Cyanamid test
  2. 2 Whether the defendant breached duties of confidence in respect of client information
  3. 3 Whether damages are an adequate remedy

Ratio Decidendi

Plaintiffs failed the 'serious issue to be tried' limb because their case rested on speculation and suspicion without direct or adequate circumstantial evidence and multiple alternative sources existed; accordingly interlocutory relief was unjustified and the application was dismissed.

Court Disposition

Application dismissed; interim undertakings released; costs awarded to defendant (nisi)

Orders

  • Application under the Amended Summons dismissed
  • Defendant released from interim undertakings given on 25 February 2014