WINLAND ENTERPRISES GROUP INC. v. WEX PHARMACEUTICALS INC. AND ANOTHER

WINLAND ENTERPRISES GROUP INC. v. WEX PHARMACEUTICALS INC. AND ANOTHER

Summary judgment against Acro Pharm refused because Acro Pharm’s pleaded factual case may be tenable and raises issues (eg clause 5.25 and 7.7) that require trial; leave to serve WEX out of jurisdiction set aside because Winland has not shown an arguable case to pierce the corporate veil or to hold WEX liable, particularly given public disclosures and absence of cogent evidence of fraud.

Citation
WINLAND ENTERPRISES GROUP INC. v. WEX PHARMACEUTICALS INC. AND ANOTHER
Parties
Plaintiff: Winland Enterprises Group Inc.; 1st Defendant: WEX Pharmaceuticals Inc.; 2nd Defendant: Acro Pharm Corp.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 July 2011
Case Number
HCCL4/2011
Procedural Posture
Commercial Action (contract and Service Out) / Interlocutory Applications: Summary Judgment Application and Application to Set Aside Leave to Serve Out of Jurisdiction
Outcome
Summary judgment refused; Acro Pharm granted unconditional leave to defend; leave to serve WEX out of jurisdiction set aside.
Legal Topics
Summary Judgment, Service Out of Jurisdiction, Piercing the Corporate Veil, Misrepresentation, Breach of Contract, Patent Ownership
Source Language
EN
Contract Law Company Law Civil Procedure Intellectual Property Summary Judgment Service Out of Jurisdiction Piercing the Corporate Veil Misrepresentation +2 more

Case Brief

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Parties

Winland Enterprises Group Inc.

Plaintiff

WEX Pharmaceuticals Inc.

1st Defendant

Acro Pharm Corp.

2nd Defendant

Procedural Posture

Commercial Action (contract and Service Out) / Interlocutory Applications: Summary Judgment Application and Application to Set Aside Leave to Serve Out of Jurisdiction

Legal Issues

  1. 1 Whether summary judgment against Acro Pharm was appropriate
  2. 2 Whether leave to serve WEX out of jurisdiction should be maintained by piercing the corporate veil
  3. 3 Whether there was an arguable case of fraud or concealment by WEX

Ratio Decidendi

Summary judgment against Acro Pharm refused because Acro Pharm’s pleaded factual case may be tenable and raises issues (eg clause 5.25 and 7.7) that require trial; leave to serve WEX out of jurisdiction set aside because Winland has not shown an arguable case to pierce the corporate veil or to hold WEX liable, particularly given public disclosures and absence of cogent evidence of fraud.

Court Disposition

Summary judgment refused; Acro Pharm granted unconditional leave to defend; leave to serve WEX out of jurisdiction set aside.

Orders

  • Acro Pharm granted unconditional leave to defend
  • The Master’s leave to serve WEX Pharmaceuticals Inc. outside Hong Kong is set aside