Hong Kong Case Law: Decisions & Judgments

SAMLANE DEVELOPMENT LTD v. FUNG CHI FAI AND ANOTHER

Citation

SAMLANE DEVELOPMENT LTD v. FUNG CHI FAI AND ANOTHER

Court

Court of First Instance

Case number

HCA2102/2005

The interlocutory injunction was refused because the plaintiff unreasonably delayed five months after acquiring the information necessary to seek interim relief; that unexplained delay was a decisive discretionary factor against granting an injunction, and damages were an adequate remedy as the injunction could not restore the terminated contract.

6 Sept 1995

KISHIMOTO SANGYO CO. LTD. AND ANOTHER v. AKIHIRO OBA AND OTHERS

Citation: KISHIMOTO SANGYO CO. LTD. AND ANOTHER v. AKIHIRO OBA AND OTHERS
Court: Court of First Instance
Case number: HCA396/1995

The Court found that Oba, while a managing director, conceived and pursued the establishment of BOIS and cultivated suppliers and Prime View so as to divert a maturing business opportunity which Kishimoto Japan was actively pursuing; his fiduciary duty survived resignation in the circumstances; accordingly judgment for Kishimoto Japan against Oba for damages (chance assessed at 50%) and for Kishimoto HK against Oba and Leung for breaches of fidelity was entered and an injunction restraining the defendants from participating in the Prime View business was granted; BOIS is bound by Oba's preclu…