Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Poaching customers
  • 30 Sept 2005

    SENCON LTD v. SENCON (HOLDINGS) LTD AND OTHERS

    Citation
    SENCON LTD v. SENCON (HOLDINGS) LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA1555/2005

    There was a serious question to be tried that the 1st defendant, acting through the 2nd and 3rd defendants, misrepresented the plaintiff's identity and received customer information obtained by breach of duties while the 3rd defendant remained a director; the 1st defendant was therefore tainted by fraud and could not be regarded as an innocent recipient, damages were unlikely to be adequate and the balance of convenience favoured continuing the injunction against the 1st defendant; by contrast damages and the ability to trade honestly made injunctions unnecessary and oppressive as against the…