Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Confidentiality undertaking

Legal area

Court

5 Apr 2024

MANULIFE FINANCIAL ASIA LTD v. KENNETH JOSEPH RAPPOLD AND OTHERS

Citation

[2024] HKCFI 989
Court

Court of First Instance
Case number

HCA580/2024

The interim-interim injunction was refused because on the present evidence the Plaintiff lacked a reasonably good prospect of showing the worldwide 12-month NCC was enforceable (no geographic limit, overbroad scope and insufficient specificity on confidential information and necessity of a 12-month restraint), and the balance of convenience favored refusal given the real risk of irreparable harm to the 1st Defendant's employment opportunity and because a confidentiality undertaking provided adequate interim protection; delay by the Plaintiff also undermined its claim to urgent relief.
29 Jun 2020

ANZ COMMODITY TRADING PTY LTD v. EXCELLENCE RAISE OVERSEAS LTD AND OTHERS

Citation

[2020] HKCFI 1410
Court

Court of First Instance
Case number

HCCL4/2017

High Express breached the proprietary injunction by disposing of shares without complying with the Order; the company register showed the disposed transfers related to the lot subject to the Order and the shares were not indistinguishable; High Express could not collaterally attack the prior decision; accordingly discovery and disclosure (with confidentiality undertakings) were ordered to allow the Plaintiff to protect its proprietary interest.