APPLE DAILY LTD v. ORIENTAL PRESS GROUP LTD AND OTHERS

APPLE DAILY LTD v. ORIENTAL PRESS GROUP LTD AND OTHERS

Leave to appeal was refused because the intended appeal did not have a reasonable prospect of success; the Statement of Claim, though inadequate on a compilation copyright case, was not incurable and could be amended rather than struck out; exercising the court's costs discretion under amended Order 62, the plaintiff was ordered to bear the costs of the striking out application subject to a one-third reduction.

Citation
APPLE DAILY LTD v. ORIENTAL PRESS GROUP LTD AND OTHERS
Parties
Plaintiff: Plaintiff; Defendant(s): 2nd-4th Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 January 2011
Case Number
HCA1396/2009
Procedural Posture
Civil Intellectual Property (copyright) Interlocutory Applications / Application for Leave to Appeal Against Interlocutory Striking Out Decision; Variation of Costs Order; Directions on Pleadings
Outcome
Leave to appeal refused; application to vary costs order granted in part; costs of striking out application to be borne by plaintiff subject to one-third reduction; time extended for defendants to file Defence after service of Amended Statement of Claim; no order as to costs of the summons.
Legal Topics
Copyright, Compilation of News, Striking Out, Leave to Appeal, Costs Orders, Amendment of Pleadings, Interlocutory Applications
Source Language
EN
Intellectual Property Civil Procedure Costs Copyright Compilation of News Striking Out Leave to Appeal Costs Orders +2 more

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Parties

Plaintiff

Plaintiff

2nd-4th Defendants

Defendant(s)

Procedural Posture

Civil Intellectual Property (copyright) Interlocutory Applications / Application for Leave to Appeal Against Interlocutory Striking Out Decision; Variation of Costs Order; Directions on Pleadings

Legal Issues

  1. 1 Whether leave to appeal should be granted under s14AA(4) of the High Court Ordinance
  2. 2 Whether the Statement of Claim inadequately pleads a compilation copyright claim and whether it should be struck out or amended
  3. 3 How the court should exercise its discretion on costs under amended Order 62 of the Rules of the High Court

Ratio Decidendi

Leave to appeal was refused because the intended appeal did not have a reasonable prospect of success; the Statement of Claim, though inadequate on a compilation copyright case, was not incurable and could be amended rather than struck out; exercising the court's costs discretion under amended Order 62, the plaintiff was ordered to bear the costs of the striking out application subject to a one-third reduction.

Court Disposition

Leave to appeal refused; application to vary costs order granted in part; costs of striking out application to be borne by plaintiff subject to one-third reduction; time extended for defendants to file Defence after service of Amended Statement of Claim; no order as to costs of the summons.

Orders

  • Leave to appeal refused.
  • Costs of the striking out application to be borne by the plaintiff, subject to a one-third reduction, to be taxed if not agreed.