GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. GREEN POWER HEALTH PRODUCTS INTERNATIONAL CO LTD AND OTHERS

GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. GREEN POWER HEALTH PRODUCTS INTERNATIONAL CO LTD AND OTHERS

The court refused to grant the ex parte gagging order because the defendants failed to show sufficient urgency or that irreparable harm would occur pending an inter parte hearing, the matter raised issues pertinent to a potential new action which had not been commenced, and the defendants did not provide financial evidence to support undertakings as to damages; the application was adjourned for full inter parte consideration and directions were given for filing evidence and submissions.

Citation
GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. GREEN POWER HEALTH PRODUCTS INTERNATIONAL CO LTD AND OTHERS
Parties
1st Plaintiff: Guangzhou Green-Enhan Bio-Engineering Co. Ltd; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 April 2005
Case Number
HCA2802/2003
Procedural Posture
Civil Intellectual Property (passing Off) With Applications for Injunction and Stay / Interim Ex Parte Application for Gagging Order Refused; Adjourned to Inter Parte Hearing
Outcome
Application for ex parte gagging order refused; matter adjourned for inter parte hearing
Legal Topics
Passing Off, Goodwill, Gagging Order, Stay of Execution, Ex Parte Application
Source Language
EN
Intellectual Property Defamation Civil Procedure Injunctions Passing Off Goodwill Gagging Order Stay of Execution +1 more

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Parties

Guangzhou Green-Enhan Bio-Engineering Co. Ltd

1st Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

Procedural Posture

Civil Intellectual Property (passing Off) With Applications for Injunction and Stay / Interim Ex Parte Application for Gagging Order Refused; Adjourned to Inter Parte Hearing

Legal Issues

  1. 1 Whether an ex parte gagging order should be granted
  2. 2 Whether the advertisements gave rise to a new cause of action or justified interlocutory relief in existing proceedings
  3. 3 Whether urgency and risk of irremediable harm justified acting without notice

Ratio Decidendi

The court refused to grant the ex parte gagging order because the defendants failed to show sufficient urgency or that irreparable harm would occur pending an inter parte hearing, the matter raised issues pertinent to a potential new action which had not been commenced, and the defendants did not provide financial evidence to support undertakings as to damages; the application was adjourned for full inter parte consideration and directions were given for filing evidence and submissions.

Court Disposition

Application for ex parte gagging order refused; matter adjourned for inter parte hearing

Orders

  • Adjourned to 25 April 2005 for inter parte hearing
  • Directions for filing of evidence and skeleton submissions