LEUNG YEE AND ANOTHER v. NG YIU MING AND ANOTHER

LEUNG YEE AND ANOTHER v. NG YIU MING AND ANOTHER

The court held that the plaintiffs did not comply with the Further Undertaking in the consent order (failure to add the specified wording/design within the required time), therefore the condition precedent to payment of HK$6,500,000 was not satisfied and the plaintiffs were not entitled to that payment; the summons was dismissed and costs were ordered against the plaintiffs (order nisi).

Citation
LEUNG YEE AND ANOTHER v. NG YIU MING AND ANOTHER
Parties
1st Plaintiff (hca 7462/1998); Respondent (hcmp 1730/1999): Leung Yee; 2nd Plaintiff (hca 7462/1998): Ng Yuk Kin; 1st Defendant (hca 7462/1998); Applicant (hcmp 1730/1999): Ng Yiu Ming; 2nd Defendant (hca 7462/1998): Chiu Fung Yi
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 November 1999
Case Number
HCA7462/1998
Procedural Posture
Civil – Trade Mark / Rectification and Enforcement of Consent Order / Judgment
Outcome
Summons dismissed; plaintiffs found in breach of the Further Undertaking and not entitled to the HK$6,500,000; order nisi that costs be to the defendants in HCA 7462/98.
Legal Topics
Trade Mark Rectification, Consent Order, Undertaking, Breach of Undertaking, Enforcement of Settlement
Source Language
EN
Trade Marks Contract Equity Civil Procedure Trade Mark Rectification Consent Order Undertaking Breach of Undertaking +1 more

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Parties

Leung Yee

1st Plaintiff (hca 7462/1998); Respondent (hcmp 1730/1999)

Ng Yuk Kin

2nd Plaintiff (hca 7462/1998)

Ng Yiu Ming

1st Defendant (hca 7462/1998); Applicant (hcmp 1730/1999)

Chiu Fung Yi

2nd Defendant (hca 7462/1998)

Procedural Posture

Civil – Trade Mark / Rectification and Enforcement of Consent Order / Judgment

Legal Issues

  1. 1 Whether the plaintiffs complied with the Further Undertaking in the consent order dated 11 June 1999
  2. 2 Whether compliance was a condition precedent to payment of HK$6,500,000 under the settlement
  3. 3 Whether the plaintiffs are entitled to the declared payment and interest

Ratio Decidendi

The court held that the plaintiffs did not comply with the Further Undertaking in the consent order (failure to add the specified wording/design within the required time), therefore the condition precedent to payment of HK$6,500,000 was not satisfied and the plaintiffs were not entitled to that payment; the summons was dismissed and costs were ordered against the plaintiffs (order nisi).

Court Disposition

Summons dismissed; plaintiffs found in breach of the Further Undertaking and not entitled to the HK$6,500,000; order nisi that costs be to the defendants in HCA 7462/98.

Orders

  • Summons dismissed
  • No payment of HK$6,500,000 to the plaintiffs/respondent