INFO SALONS TECHNOLOGY SERVICES (HK) LTD v. FENG WENGUO AND OTHERS

INFO SALONS TECHNOLOGY SERVICES (HK) LTD v. FENG WENGUO AND OTHERS

Interim interim relief was refused because, on the evidence, the balance of fairness favoured the defendants: the non-disclosure claim was vague and not the core complaint, facts did not clearly establish solicitation or enticement, the covenants could be read down/severed, the March fair had already occurred and...

Source-derived case information.

Citation
[2025] HKCFI 1663
Parties
Plaintiff: P; 2nd Defendant: D2; 3rd Defendant: D3
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 April 2025
Case Number
HCA654/2025
Procedural Posture
Interlocutory Injunction Application / Summons Friday – Interim Interim Application and Directions for Substantive Hearing (application to Be Heard on 25 April 2025)
Outcome
Interim interim injunction refused; directions for substantive hearing adjourned to 25 April 2025; costs reserved with certificate for counsel
Legal Topics
Non Compete, Non Solicitation, Confidentiality, Enticement of Staff, Interim Injunction, Balance of Convenience
Source Language
en
Employment Law Contract Law Commercial Law Civil Injunctive Relief Restrictive Covenants Non Compete Non Solicitation Confidentiality +3 more

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Parties

P

Plaintiff

D2

2nd Defendant

D3

3rd Defendant

Procedural Posture

Interlocutory Injunction Application / Summons Friday – Interim Interim Application and Directions for Substantive Hearing (application to Be Heard on 25 April 2025)

Legal Issues

  1. 1 Whether interim injunctive relief should be granted to restrain alleged breaches of employment restrictive covenants until 7 June 2025
  2. 2 Enforceability and scope of non-compete, non-solicitation and non-enticement covenants
  3. 3 Whether plaintiff has shown irreparable harm and that damages are inadequate

Ratio Decidendi

Interim interim relief was refused because, on the evidence, the balance of fairness favoured the defendants: the non-disclosure claim was vague and not the core complaint, facts did not clearly establish solicitation or enticement, the covenants could be read down/severed, the March fair had already occurred and evidence suggested D3 was chosen for the June fair, losses could be compensated by damages, and an injunction would cause significant prejudice to defendants and third parties; accordingly plaintiff failed to justify the short-term interim injunction sought.

Court Disposition

Interim interim injunction refused; directions for substantive hearing adjourned to 25 April 2025; costs reserved with certificate for counsel

Orders

  • Refuse interim interim injunction sought by plaintiff
  • Adjourn substantive hearing/directions to 25 April 2025