SNE ENGINEERING CO. LTD. v. HSIN CHONG CONSTRUCTION COMPANY LTD AND ANOTHER

SNE ENGINEERING CO. LTD. v. HSIN CHONG CONSTRUCTION COMPANY LTD AND ANOTHER

The court held that the F & B Summons costs form part of the costs of the action (costs in the cause) because the 1st defendant's request for particulars on ownership/interest was a legitimate and relevant inquiry; and that the 1st defendant must pay the costs of the Discovery Summons because by pleading a contractual entitlement it put the contractual documents in issue and discovery would have been ordered had the defence not been abandoned.

Citation
SNE ENGINEERING CO. LTD. v. HSIN CHONG CONSTRUCTION COMPANY LTD AND ANOTHER
Parties
Plaintiff: SNE ENGINEERING CO. LTD.; 1st Defendant: HSIN CHONG CONSTRUCTION COMPANY LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 November 2014
Case Number
HCA1466/2012
Procedural Posture
Patent Infringement / Costs Application Post Trial
Outcome
Hearing on overall costs adjourned as to allegation against trial counsel; costs orders made on reserved summonses.
Legal Topics
Patent Validity, Duty of Confidence, Discovery, Costs
Source Language
EN
Intellectual Property Civil Procedure Evidence Patent Validity Duty of Confidence Discovery Costs

Case Brief

Summary, issues, holding and outcome

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Parties

SNE ENGINEERING CO. LTD.

Plaintiff

HSIN CHONG CONSTRUCTION COMPANY LIMITED

1st Defendant

Procedural Posture

Patent Infringement / Costs Application Post Trial

Legal Issues

  1. 1 Whether prior disclosure of the rotator and wedge method invalidated the Patent where the disclosure was said to be confidential
  2. 2 Whether the plaintiff must show a proprietary interest in the information to impose a duty of confidence or merely an interest
  3. 3 Whether the costs of the 1st defendant's request for further and better particulars (F & B Summons) should be costs in the cause

Ratio Decidendi

The court held that the F & B Summons costs form part of the costs of the action (costs in the cause) because the 1st defendant's request for particulars on ownership/interest was a legitimate and relevant inquiry; and that the 1st defendant must pay the costs of the Discovery Summons because by pleading a contractual entitlement it put the contractual documents in issue and discovery would have been ordered had the defence not been abandoned.

Court Disposition

Hearing on overall costs adjourned as to allegation against trial counsel; costs orders made on reserved summonses.

Orders

  • Hearing relating to the costs of the whole action adjourned to allow the 1st defendant's trial counsel to answer the allegation against him.
  • The costs of the 1st defendant\'s F & B Summons (4 June 2013) to be costs in the cause.