19 Aug 2008
GERMAN POOL (HONG KONG) LTD v. DONG WOO INDUSTRIAL CO LTD
- Citation
- GERMAN POOL (HONG KONG) LTD v. DONG WOO INDUSTRIAL CO LTD
- Court
- Court of First Instance
- Case number
- HCA166/2008
Plaintiff's affirmation was inadmissible for failing to identify the maker and source of the drawings and to provide necessary grounds for belief under O.41 r.5(2); that omission was too grave to be cured under O.41 r.4, so there was no admissible proof of copyright and the interlocutory injunction could not be granted; alternatively, on merits the balance did not favour injunction given defendant's evidence of independent earlier production; plaintiff's conduct was unreasonable and amounted to an improper interlocutory ambush, justifying striking out the injunction application and ordering d…