Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Delay and irreparable harm

Legal area

Court

9 Dec 2016

XCELOM LTD AND ANOTHER v. BGI-HONGKONG CO LTD AND ANOTHER

Citation

XCELOM LTD AND ANOTHER v. BGI-HONGKONG CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA3089/2015

The judge found plaintiffs guilty of inordinate delay and that they had not established irreparable harm, meaning the interlocutory application was unjustified and wasted the defendants' and the court's resources; applying modern authorities and CJR objectives the court ordered immediate taxation and payment of defendants' costs (certificate for two counsel) and dismissed the plaintiffs' summons, holding the Order Nisi should stand as varied to effect immediate payment.
1 May 1985

INTERLEGO A.G. v. TYCOO INDUSTRIES INC. AND OTHERS

Citation

INTERLEGO A.G. v. TYCOO INDUSTRIES INC. AND OTHERS
Court

Court of Appeal
Case number

CACV37/1985

The Court held the plaintiff failed to establish a protectable reputation in the get-up of the blocks because the complained-of characteristics (shape, studs, tubes, size, colours, feel) were dictated by utility and compatibility of the system rather than capricious, distinctive presentation; consequently there was no basis for passing off and no basis for interlocutory injunctions, and the O.14 application as to non-copyright elements was properly allowed given absence of evidence to support a passing off claim on those elements.