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Hong Kong decisions
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The Court of Appeal allowed Octo’s appeals, holding that Clause 13 of the software licence was arguable and that NTT had not properly pleaded restitution.
The Court of Appeal allowed Octo’s appeals, holding that Clause 13 was reasonably arguable and that NTT had not properly pleaded a restitution claim for refund.
The District Court dismissed an employer’s claim for breach of a non-solicitation clause, finding no reliable proof that the former employee solicited customers.
Summary judgment was granted for NTT Data Hong Kong Limited after the court held Octo3 breached a non-solicitation clause by employing a key NTT employee.
The court continued an interim injunction after finding the defendant had sent confidential customer information to her personal email and had no defence on the evidence.
The court refused an interim injunction restraining alleged misuse of a confidential database, finding no good arguable case, no enforceable precision, and unexplained delay.
The Court of Appeal refused leave to appeal against refusal of an interlocutory injunction over a client contact list and non-solicitation clause.
The Court of First Instance upheld an interim injunction enforcing six-month non-compete and non-solicitation restraints against the first and second defendants.
The court granted leave to strike out the pleadings unless the plaintiff amended within 14 days to disclose a reasonable cause of action in these employment-related claims.
The court held that an employee breached his duty of fidelity by allowing outsiders to tour a factory and letting a false impression persist, but awarded only nominal damages.
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