20 May 2021
MARY KAY INC. AND OTHERS v. ZHEJIANG TMALL NETWORK CO., LTD AND OTHERS
- Citation
- [2021] HKCFI 1403
- Court
- Court of First Instance
- Case number
- HCA2406/2017
Service out of the writ on the 1st and 2nd defendants is set aside because plaintiffs failed to establish a good arguable case and there was no serious issue to be tried against the platform operators: the complained products were genuine so the exhaustion defence under s20 TMO applied and s20(2) did not cover mere removal of production codes or minor tampering; Hong Kong was not clearly the appropriate forum given the Mainland connection and potential alternative forum; and the plaintiffs made significant and deliberate non-disclosures in the ex parte service out application. Default judgmen…