KUNG CHEONG KAI v. KUNG CHEONG KI AND OTHERS

KUNG CHEONG KAI v. KUNG CHEONG KI AND OTHERS

The application for an interlocutory injunction is adjourned for argument and no interim injunction is granted at the first return because the defendants must be given adequate opportunity to file evidence, the injunction would have a drastic and potentially irreparable effect on the defendants' business and...

Source-derived case information.

Citation
KUNG CHEONG KAI v. KUNG CHEONG KI AND OTHERS
Parties
Plaintiff: Plaintiff; Defendants: 1st, 2nd and 3rd Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 May 2013
Case Number
HCA704/2013
Procedural Posture
Inter Partes Interlocutory Injunction Application / First Return Date / Interim Hearing (adjourned for Argument)
Outcome
Application adjourned for argument; interlocutory injunction not granted at first return
Legal Topics
Interlocutory Injunction, Irreparable Harm, Balance of Convenience, Adjournment, Adequacy of Damages
Source Language
en
Civil Intellectual Property Injunctions Passing Off / Goodwill Interlocutory Injunction Irreparable Harm Balance of Convenience Adjournment +1 more

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Parties

Plaintiff

Plaintiff

1st, 2nd and 3rd Defendants

Defendants

Procedural Posture

Inter Partes Interlocutory Injunction Application / First Return Date / Interim Hearing (adjourned for Argument)

Legal Issues

  1. 1 Whether to grant an interim interlocutory injunction at first return
  2. 2 Whether defendants have had adequate opportunity to file evidence in opposition
  3. 3 Whether the plaintiff would suffer irreparable harm or whether damages are an adequate remedy

Ratio Decidendi

The application for an interlocutory injunction is adjourned for argument and no interim injunction is granted at the first return because the defendants must be given adequate opportunity to file evidence, the injunction would have a drastic and potentially irreparable effect on the defendants' business and reputation, and damages appear to be an adequate remedy.

Court Disposition

Application adjourned for argument; interlocutory injunction not granted at first return

Orders

  • Hearing adjourned to 24 May 2013 (approximately three weeks)
  • No interim interlocutory injunction granted today