Hong Kong Case Law: Decisions & Judgments

Topic

Injurious falsehood

Legal area

Court

5 Aug 2005

HEALTH HOMES (HONG KONG) LTD v. CHAN WAI MEI AND OTHERS

Citation

HEALTH HOMES (HONG KONG) LTD v. CHAN WAI MEI AND OTHERS
Court

Court of First Instance
Case number

HCA2067/2004

The court found the 1st and 2nd defendants had an arguable case that their dealer agreements terminated in March 2003 and refused interlocutory judgment against them on breach of contract; the court found the 1st defendant had no arguable defence to passing-off and injurious falsehood based on invoices, investigation reports and misleading communications and granted injunctions against the 1st and 4th defendants for passing-off and injurious falsehood and ordered an inquiry as to damages or alternatively an account of profits against them; the court refused injunctive relief against the 2nd d…
29 Oct 1998

GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION v. TUNG FOOK CHINESE WINE (1982) CO LTD AND ANOTHER

Citation

GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION v. TUNG FOOK CHINESE WINE (1982) CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA11061/1995

On the facts the court found that GDF, not the defendants, owned the goodwill in the Pearl River Bridge line (including Super Mellow Mijiu and Shiwan Mijiu), that GDF was the beneficial owner of the copyrights in the labels, that defendants' use and substitutions of marks/labels and the registration/assignment were without authority and in breach of rights, and that defendants published malicious false statements causing pecuniary damage; accordingly plaintiffs succeed on passing off, copyright infringement and injurious falsehood and defendants' counterclaims fail.
29 Oct 1998

GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION AND ANOTHER v. TUNG FOOK CHINESE WINE (1982) CO. LTD. AND ANOTHER

Citation

GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION AND ANOTHER v. TUNG FOOK CHINESE WINE (1982) CO. LTD. AND ANOTHER
Court

Court of First Instance
Case number

HCA7759/1995

On the facts the court found GDF controlled and was perceived as responsible for the Pearl River Bridge line of rice wine (Super Mellow Mijiu and Shiwan Mijiu) and therefore owned the goodwill in Hong Kong; GDF was beneficial owner of the copyright in the labels; defendants used labels and published statements that caused likelihood of confusion and pecuniary loss and acted maliciously in respect of injurious falsehood; registration of the Super Mellow Mijiu mark by Tung Fook was obtained without GDF's consent and rectification was warranted though the Registrar would be consulted about condi…
19 Jan 1990

RAMADA PACIFIC LTD v. CHINA TRADE-OMNI DEVELOPMENT CENTRE LTD AND ANOTHER

Citation

RAMADA PACIFIC LTD v. CHINA TRADE-OMNI DEVELOPMENT CENTRE LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV142/1989

Appeal allowed: the conspiracy claim did not and could not show the required sole or predominant intent to injure and the alleged set-offs were not viable on the material before the court, therefore summary judgment for the plaintiff was entered for US$2,224,845.33 with interest and costs, and unconditional leave to defend was confined to US$162,000 only; no stay of execution was granted.
11 Dec 1987

TELEVISION BROADCASTS LTD v. ASIA TELEVISION LTD

Citation

TELEVISION BROADCASTS LTD v. ASIA TELEVISION LTD
Court

Court of First Instance
Case number

HCA3660/1987

The Plaintiff failed to prove existence of the alleged 1978 and 1984 binding agreements: the alleged arrangements were too vague and incomplete as to essential terms (scope of events, price/bid determination and withdrawal mechanics), lacked documentary corroboration and credible oral evidence, and any presumption of contractual intent was displaced by the factual matrix; accordingly Plaintiff's substantive claim dismissed. The Defendant's counterclaim for injurious falsehood was dismissed because falsity and malice were not established and the Plaintiff honestly believed its claims in light…

Hong Kong Case Law

HEALTH HOMES (HONG KONG) LTD v. CHAN WAI MEI AND OTHERS

GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION v. TUNG FOOK CHINESE WINE (1982) CO LTD AND ANOTHER

GUANGDONG FOODSTUFFS IMPORT & EXPORT (GROUP) CORPORATION AND ANOTHER v. TUNG FOOK CHINESE WINE (1982) CO. LTD. AND ANOTHER

RAMADA PACIFIC LTD v. CHINA TRADE-OMNI DEVELOPMENT CENTRE LTD AND ANOTHER

TELEVISION BROADCASTS LTD v. ASIA TELEVISION LTD