11 Jul 1991
MATTEL, INC. v. TONKA CORPORATION
- Citation
- MATTEL, INC. v. TONKA CORPORATION
- Court
- Court of First Instance
- Case number
- HCA1918/1991
The ex parte order of 14 March 1991 is discharged because the ex parte application contained a material mistaken statement about transhipment in Hong Kong (misleading evidence), warranting discharge in the exercise of the court's discretion; on the merits the plaintiff established a good arguable case only that the defendant, acting through its HK subsidiary TPK, imported goods into Hong Kong after 1 March 1991 (import includes deliberate transit), but failed to establish a good arguable case for imports prior to 1 March 1991, for procurement liability lacking pleaded/established knowledge of…