Hong Kong Case Law: Decisions & Judgments

Topic

Joint tortfeasors

Legal area

Court

29 Apr 2020

MGA ENTERTAINEMNT, INC. v. COMBUY CO LTD AND ANOTHER

Citation

[2020] HKCFI 642
Court

Court of First Instance
Case number

HCA2445/2017

The Court found the Counterfeit Dolls bore identical or confusingly similar marks to the Plaintiff's registered marks and thus infringed under ss 18(1) and 18(3) of the Trade Marks Ordinance; the Website and promotional activities were directed at international customers including Hong Kong making the acts actionable locally; evidence showed both Defendants participated in the Mega Show and acted in concert and the Defendants failed to adduce documentary evidence to raise a real triable issue, so summary judgment was appropriate for trademark infringement and passing-off.
13 May 2015

文成有限公司對邢舜及另二人

Citation

文成有限公司對邢舜及另二人
Court

District Court
Case number

DCCJ691/2013

The court accepted the plaintiff's witness and expert evidence that B2 was the source of the leaking, found the first defendant (as registered owner during the relevant period) failed to take reasonable remedial measures and thereby was liable in negligence and nuisance and in breach of the estate's mutual covenant; defendant's expert evidence was excluded for failure to follow court directions; damages were assessed at HKD 554,500 plus interest and costs.
16 Jun 2008

TSE NGAN HEUNG v. THE RITZ-CARLTON LTD AND OTHERS

Citation

TSE NGAN HEUNG v. THE RITZ-CARLTON LTD AND OTHERS
Court

Court of Final Appeal
Case number

FAMV6/2008

The Appeal Committee granted leave because the proposed appeal raised two reasonably arguable questions of law which, by reason of their great general or public importance, should be determined by the Court of Final Appeal.
24 Jun 1997

LEE FAI and Another v. TUNG WAH GROUP OF HOSPITALS

Citation

LEE FAI and Another v. TUNG WAH GROUP OF HOSPITALS
Court

Court of Appeal
Case number

CACV40/1997

Leave to issue a third party notice was refused because the defendants failed to show the plaintiffs had a cause of action against the parents for the same damage; failure by carers to mitigate does not constitute a separate tort giving rise to contribution, and the defendant is liable only for damage flowing from its breach which can be adjusted at trial for mitigation.
27 Jan 1997

LEE FAI AND ANOTHER v. TUNG WAH GROUP OF HOSPITALS

Citation

LEE FAI AND ANOTHER v. TUNG WAH GROUP OF HOSPITALS
Court

Court of First Instance
Case number

HCPI228/1996

Parents are not joint tortfeasors for the original injury; alleged failure by caregivers to mitigate the child's disability is not a separate tort that justifies joining them as third parties for contribution, so leave to issue the third party notice was refused.
13 Jan 1988

NGAI HOI YEUNG AND ANOTHER v. THE PACIFIC INSURANCE CO LTD

Citation

NGAI HOI YEUNG AND ANOTHER v. THE PACIFIC INSURANCE CO LTD
Court

Court of First Instance
Case number

HCA5099/1987

The court held that the settlement order did not show a clear and unequivocal waiver or contract by the plaintiff to forego the right to recover full damages from joint tortfeasors, and that the defendants did not alter their position or suffer detriment such as to found an estoppel; accordingly the plaintiff was entitled to judgment for the unpaid balance of $77,494.75 plus interest and costs.

Hong Kong Case Law

MGA ENTERTAINEMNT, INC. v. COMBUY CO LTD AND ANOTHER

文成有限公司 對 邢舜及另二人

TSE NGAN HEUNG v. THE RITZ-CARLTON LTD AND OTHERS

LEE FAI and Another v. TUNG WAH GROUP OF HOSPITALS

LEE FAI AND ANOTHER v. TUNG WAH GROUP OF HOSPITALS

NGAI HOI YEUNG AND ANOTHER v. THE PACIFIC INSURANCE CO LTD

文成有限公司對邢舜及另二人