KABUSHIKI KAISHA YAKULT HONSHA AND OTHERS v. YAKUDO GROUP HOLDINGS LTD AND ANOTHER

KABUSHIKI KAISHA YAKULT HONSHA AND OTHERS v. YAKUDO GROUP HOLDINGS LTD AND ANOTHER

The court found no adequate evidence of a real risk that the Taiwan publications prejudiced the due administration of justice in the pending Hong Kong trial (which will be before a judge alone), and the injunction sought was overly broad and unnecessary; the proper remedy was to grant leave for general publication of the Reasons for Ruling and this Decision and to make a costs order requiring the Defendants to bear half the costs of the summons.

Citation
KABUSHIKI KAISHA YAKULT HONSHA AND OTHERS v. YAKUDO GROUP HOLDINGS LTD AND ANOTHER
Parties
Plaintiff: Plaintiffs; Defendant: Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 January 2003
Case Number
HCA2409/2002
Procedural Posture
Interlocutory Injunction Application in Civil Proceedings / Hearing on Summons (application Filed 29 October 2002); Decision Handed Down 13 January 2003
Outcome
Application for injunctive and ancillary relief refused except that leave was granted for general publication of the Reasons for Ruling and this Decision; costs ordered against Defendants in part.
Legal Topics
Interlocutory Injunction, Publication of Reasons for Ruling, Prejudicial Publications, Contempt Jurisdiction, Costs Order
Source Language
EN
Civil Procedure Injunctions Contempt of Court Defamation/trade Libel Administrative/regulatory Oversight Interlocutory Injunction Publication of Reasons for Ruling Prejudicial Publications +2 more

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Parties

Plaintiffs

Plaintiff

Defendants

Defendant

Procedural Posture

Interlocutory Injunction Application in Civil Proceedings / Hearing on Summons (application Filed 29 October 2002); Decision Handed Down 13 January 2003

Legal Issues

  1. 1 Whether the court can grant an injunction and ancillary relief to restrain and require correction of misrepresentations about the court's Reasons for Ruling
  2. 2 Whether publications made in Taiwan and on-line created a real risk of prejudicing the due administration of justice in the pending Hong Kong action
  3. 3 Whether committal for contempt is a prerequisite or the court may grant injunctive relief instead

Ratio Decidendi

The court found no adequate evidence of a real risk that the Taiwan publications prejudiced the due administration of justice in the pending Hong Kong trial (which will be before a judge alone), and the injunction sought was overly broad and unnecessary; the proper remedy was to grant leave for general publication of the Reasons for Ruling and this Decision and to make a costs order requiring the Defendants to bear half the costs of the summons.

Court Disposition

Application for injunctive and ancillary relief refused except that leave was granted for general publication of the Reasons for Ruling and this Decision; costs ordered against Defendants in part.

Orders

  • Leave granted for general publication of the Reasons for Ruling of 28 August 2002 and of this Decision
  • No further injunctive relief or orders for publication of corrections or disclosure of distribution granted