Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Secret profits/accounting

Legal area

Court

26 Apr 2021

COSME DE NET CO LTD v. LAM KIN MING

Citation

[2021] HKDC 445
Court

District Court
Case number

DCCJ5371/2019

On the facts the defendant actively participated in and materially assisted a competing online business, had access to and used the plaintiff’s proprietary product images and descriptions, breached express contractual duties and fiduciary duties, and those facts justified summary dismissal; accordingly plaintiff was entitled to injunctive relief and costs while the defendant’s counterclaim for wrongful dismissal failed.
8 Apr 2011

ARTICAL PRINTING FACTORY LTD v. HO KING NGAI

Citation

ARTICAL PRINTING FACTORY LTD v. HO KING NGAI
Court

Court of First Instance
Case number

HCA305/2009

Defendant, while employed, breached his employment contract and fiduciary duties by diverting orders and causing sales at below the Plaintiff's Quotation Prices and by procuring sales through Pure Creative in which he had control; he must account for secret profits (assessed at HK$213,829.00) and is liable for losses from under-price sales and uninvoiced/delivered goods as calculated in Schedule 1 and Schedule 2. After crediting the prior payment of HK$600,000.00, the net amount payable by the Defendant to the Plaintiff is assessed at HK$3,724,384.73; interest at judgment rate and costs for t…