Hong Kong Case Law: Decisions & Judgments

Topic

Director personal liability

Legal area

Court

30 Dec 2016

SAP PRODUCTS LTD v. XENA SECURITY LTD AND ANOTHER

Citation

SAP PRODUCTS LTD v. XENA SECURITY LTD AND ANOTHER
Court

District Court
Case number

DCCJ2014/2015

Even accepting the plaintiff's pleaded facts, the conduct alleged (payments from personal account on some occasions and use of personal email) did not demonstrate any illegitimate purpose, fraud or deliberate evasion of existing legal obligations by the 2nd defendant; there was no basis to pierce the corporate veil and therefore the claim against the 2nd defendant disclosed no viable cause of action and was struck out.
8 Apr 2005

GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. GREEN POWER HEALTH PRODUCTS INTERNATIONAL CO LTD AND OTHERS

Citation

GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. GREEN POWER HEALTH PRODUCTS INTERNATIONAL CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA4651/2002

On the facts the court construed the distributorship/collaboration documents as vesting ownership of the relevant Hong Kong goodwill in the Plaintiffs (the 2nd Plaintiff including FERC), found the 1st Defendant continued use of the disputed names amounted to passing off and the 2nd Defendant procured/concurred in those acts so is personally liable for the passing off and malicious falsehood; most copyright claims failed for lack of credible priority/authorship except limited infringement of a photograph (P-11) where injunction and delivery up were ordered; the ENHANVOL trade mark registration…
26 Feb 2004

KABUSHIKI KAISHA YAKULT HONSHA AND OTHERS v. YAKUDO GROUP HOLDINGS LTD AND ANOTHER

Citation

KABUSHIKI KAISHA YAKULT HONSHA AND OTHERS v. YAKUDO GROUP HOLDINGS LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA2409/2002

Court held on the balance of probabilities that the Yakult group enjoyed protectable goodwill relevant to Hong Kong, that the Defendants deliberately adopted confusingly similar name, bottle design, colour scheme, logos and website aimed at or likely to affect Hong Kong consumers, that those acts amounted to passing off and infringement of the Plaintiffs' registered marks and contravened Section 63; the 2nd Defendant was personally liable as having intended and procured the torts; injunctive relief is appropriate and remedies and quantum are to be determined at a restored hearing.
11 Apr 2003

SONY COMPUTER ENTERTAINMENT INC AND ANOTHER v. LIK SANG INTERNATIONAL LTD AND OTHERS

Citation

SONY COMPUTER ENTERTAINMENT INC AND ANOTHER v. LIK SANG INTERNATIONAL LTD AND OTHERS
Court

Court of First Instance
Case number

HCA3583/2002

Mod chips and modified consoles were held to be devices designed or adapted to circumvent Sony's copy‑protection within s273; transient electronic copying into RAM and subsequent on‑screen reproduction constitute reproduction in material form under ss22 and 23; defendants had requisite knowledge making them liable under ss273 and 32; sale of modified consoles and accessories bearing the PlayStation marks infringed ss27 and 28; directors who were knowingly involved are personally liable; no arguable defence established so summary judgment entered for plaintiffs with damages to be assessed and…
31 Jan 1989

BEL TRADE CO LTD v. POLAROID FAR EAST LTD

Citation

BEL TRADE CO LTD v. POLAROID FAR EAST LTD
Court

Court of First Instance
Case number

HCA5626/1986

The court found on the evidence that Bel Trade, through its managing director, knowingly misrepresented that goods would be sold and used in the PRC and that the representations were continuing; the misrepresentations were fraudulent, justifying rescission, an award of damages of US$2,118,426.81 and an order for an account of profits; Bel Trade (the company) and its managing director Sy were held liable; the third defendant was not personally liable.
31 Jan 1989

POLAROID FAR EAST LTD v. BEL TRADE CO LTD AND OTHERS

Citation

POLAROID FAR EAST LTD v. BEL TRADE CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA5485/1986

Bel Trade knowingly induced Polaroid to sell at preferential PRC prices by representing goods would be sold and used only in the PRC; evidence established deliberate re-exportation (c.96%) demonstrating fraud; accordingly the contracts were rescinded, Polaroid entitled to damages for deceit (US$2,118,426.81) and an account of profits is ordered; Mr Sy personally liable for the fraud; Mrs Hung not personally liable.

Hong Kong Case Law

SAP PRODUCTS LTD v. XENA SECURITY LTD AND ANOTHER

GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. GREEN POWER HEALTH PRODUCTS INTERNATIONAL CO LTD AND OTHERS

KABUSHIKI KAISHA YAKULT HONSHA AND OTHERS v. YAKUDO GROUP HOLDINGS LTD AND ANOTHER

SONY COMPUTER ENTERTAINMENT INC AND ANOTHER v. LIK SANG INTERNATIONAL LTD AND OTHERS

BEL TRADE CO LTD v. POLAROID FAR EAST LTD

POLAROID FAR EAST LTD v. BEL TRADE CO LTD AND OTHERS