Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Audit rights
  • 8 Dec 2014

    SINA HONG KONG LTD v. PIXEL MEDIA HK LTD

    Citation
    SINA HONG KONG LTD v. PIXEL MEDIA HK LTD
    Court
    Court of First Instance
    Case number
    HCA1400/2013

    The Master held the defendant's interpretation of the site performance subclause — that the right to appoint independent auditors extends to disputes about any monthly pageview report provided by the Company, including those based on Nielsen — is arguable and supported by the contractual language, commercial context and known weaknesses in third‑party measurement; there are substantial factual disputes (Nielsen anomalies and conflicting comScore data) which preclude determination under Order 14A or summary judgment and render strike‑out inappropriate; accordingly the plaintiff's summons was d…