20 Feb 2024
TECHTRONIC PRODUCT DEVELOPMENT LTD AND ANOTHER v. FAUTEUX, DENIS GASTON
- Citation
- [2024] HKCFI 518
- Court
- Court of First Instance
- Case number
- HCA1235/2023
The court held that plaintiffs established cogent and persuasive reasons and special circumstances to release the implied undertaking: defendant had not asserted privilege against self-incrimination at the time of compelled disclosure and thus cannot rely on it now; there is prima facie evidence of wrongdoing (including potential computer misuse, theft and Mainland trade secret infringement) and an arguable civil claim in the Mainland; accordingly the implied undertaking is released to permit use of the disclosed materials for the specified civil and criminal proceedings and plaintiffs are aw…