FONG YUET LEUNG AND ANOTHER v. WONG WAI YU

FONG YUET LEUNG AND ANOTHER v. WONG WAI YU

Because the Plaintiffs failed at interlocutory stage to establish that the information displayed by the Defendant was the same confidential information in the Plaintiffs' database and therefore the question of misuse of confidential information remained arguable and required trial, the court refused immediate costs and ordered costs in the cause (nisi to be made absolute in 14 days) with certificate for counsel.

Citation
FONG YUET LEUNG AND ANOTHER v. WONG WAI YU
Parties
Plaintiff: Fong Yuet Leung (trading as Wah Yuen Property Agent Co.); Plaintiff: Wah Yuen Property Agent Company Limited; Defendant: Wong Wai Yu
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
11 January 2006
Case Number
DCCJ3482/2005
Procedural Posture
District Court Civil Action (interlocutory) / Interlocutory Costs Application Following Interim Injunctions Pre Trial
Outcome
Plaintiffs' application for immediate costs dismissed; order nisi that costs be in the cause with certificate for counsel, to be made absolute in 14 days.
Legal Topics
Restraint of Trade, Interim Injunction, Confidential Customer Lists, Costs Order, Definition of Estate Agent
Source Language
EN
Contract Law Employment Law Equity and Trusts Confidential Information Law Procedural Law (costs and Injunctions) Regulatory Law (estate Agency) Restraint of Trade Interim Injunction +3 more

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Parties

Fong Yuet Leung (trading as Wah Yuen Property Agent Co.)

Plaintiff

Wah Yuen Property Agent Company Limited

Plaintiff

Wong Wai Yu

Defendant

Procedural Posture

District Court Civil Action (interlocutory) / Interlocutory Costs Application Following Interim Injunctions Pre Trial

Legal Issues

  1. 1 Whether the restraint of trade clause prohibiting work in Tai Po for 3 months was being breached
  2. 2 Whether the Defendant was carrying on estate agent business in Tai Po sufficient to justify interim injunction
  3. 3 Whether the Defendant disclosed or used the Plaintiffs' confidential customer information

Ratio Decidendi

Because the Plaintiffs failed at interlocutory stage to establish that the information displayed by the Defendant was the same confidential information in the Plaintiffs' database and therefore the question of misuse of confidential information remained arguable and required trial, the court refused immediate costs and ordered costs in the cause (nisi to be made absolute in 14 days) with certificate for counsel.

Court Disposition

Plaintiffs' application for immediate costs dismissed; order nisi that costs be in the cause with certificate for counsel, to be made absolute in 14 days.

Orders

  • Plaintiffs' application for immediate costs dismissed
  • Order nisi that costs relating to this application be costs in the cause