Hong Kong Case Law: Decisions & Judgments

Topic

Joint tortfeasor liability

Legal area

Court

9 Dec 2024

HILL HOLDINGS (HK) LTD v. ASPIRE GROUP INTERNATIONAL LTD AND ANOTHER

Citation

[2024] HKCFI 3530
Court

Court of First Instance
Case number

HCIP11/2023

The 2nd Defendant failed to discharge the burden of raising an arguable defence because she provided no adequate particulars identifying who authorised the marketing by reference to the Registered Mark, failed to explain or show any investigation after complaints were made, and as sole director/shareholder the evidential presumption and surrounding facts justified drawing an inference of responsibility; accordingly summary judgment was granted against her with costs and on the same terms as against the 1st Defendant.
15 Jul 2021

MARY KAY INC. AND OTHERS v. ZHEJIANG TMALL NETWORK CO, LTD AND OTHERS

Citation

[2021] HKCFI 2153
Court

Court of First Instance
Case number

HCA2406/2017

Leave to appeal was refused because the grounds advanced do not disclose a real prospect of success: passing‑off claims against several defendants are unarguable; the joint liability point against the 1st and 2nd defendants fails on established precedent for neutral online platforms; and the exercise of discretion in granting default judgments was not reasonably open to successful challenge.
26 Jul 2016

PANDORA A/S AND ANOTHER v. GLAMULET INTERNATIONAL LTD AND OTHERS

Citation

PANDORA A/S AND ANOTHER v. GLAMULET INTERNATIONAL LTD AND OTHERS
Court

Court of First Instance
Case number

HCA2941/2015

On the interlocutory material there is a serious question to be tried in respect of both copyright and trade mark infringement by the Glamulet defendants; the balance of convenience favours continuation of the ex parte injunction until trial; the discharge application alleging lack of full and frank disclosure is not appropriate to decide at interlocutory stage and is adjourned to trial; however the scope of the injunction is trimmed by deleting specified foreign websites from Appendix 2.
30 Apr 2015

KAYWAY INVESTMENT LTD v. FOCUS WINNER LTD AND ANOTHER

Citation

KAYWAY INVESTMENT LTD v. FOCUS WINNER LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA967/2013

On proper construction of the DMC the term "Exterior Wall" denotes the entirety of the external wall enclosing the building; the 2nd Defendant is liable for trespass and summary judgment on liability is entered against it; the 1st Defendant's bare denial and absence of tenancy terms permits an inference of joint tortfeasorship on the facts and therefore conditional leave to defend subject to interim payments is granted.
23 Dec 2009

SILVERLIT TOYS MANUFACTORY LTD v. GOOD-TECH HOBBY CO LTD AND ANOTHER

Citation

SILVERLIT TOYS MANUFACTORY LTD v. GOOD-TECH HOBBY CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA941/2009

Defendants failed to establish a real or bona fide defence or to provide particulars; evidence established importation, stocking and sale of the infringing product and the 2nd defendant's involvement as sole shareholder/director permitted the inference he acted in concert or procured the infringement; therefore summary judgment entered for plaintiff on the patent claim.
22 Dec 2006

TAI SHING DIARY LTD v. MAERSK HONG KONG LTD AND OTHERS

Citation

TAI SHING DIARY LTD v. MAERSK HONG KONG LTD AND OTHERS
Court

Court of First Instance
Case number

HCA2667/2004

The court found on the s121 affirmation and comparison of works that the plaintiff's works met the low originality threshold and that the 2004 Maersk diary was a substantial reproduction constituting infringement; the 3rd defendant was properly liable as a joint tortfeasor given his role in soliciting and procuring the infringing production; only a triable issue remained as to the 1st defendant's subjective and objective knowledge for damages under s108(1), therefore summary judgment was entered for the plaintiff against all defendants with leave for the 1st defendant to defend damages and an…
10 Jul 1990

CHEUNG HUNG YUK AND ANOTHER v. CHIU CHAI AND OTHERS

Citation

CHEUNG HUNG YUK AND ANOTHER v. CHIU CHAI AND OTHERS
Court

Court of First Instance
Case number

HCA7600/1985

Court found on balance that Chau was an employee of Chiu and that the skip hoist/system was defective for inter‑floor traffic; Chiu had knowledge, daily supervision and sufficient control to attract occupier liability and to be a joint tortfeasor; accordingly both 1st and 3rd defendants are liable and judgment is entered for plaintiffs with employees' compensation set off and contribution of 50% by the 3rd defendant to the 1st defendant.
23 May 1989

REEBOK INTERNATIONAL LTD. AND OTHERS v. LAWS FASHION KNITTERS LTD. AND OTHERS

Citation

REEBOK INTERNATIONAL LTD. AND OTHERS v. LAWS FASHION KNITTERS LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA1056/1989

The court struck out the claims against the 1st and 2nd Defendants for failure to show sufficient control or participation to treat them as joint tortfeasors and refused the interlocutory injunction because damages were an adequate remedy, no irreparable harm to Plaintiffs had been established, and the balance of convenience favoured refusing the injunction; consequentially discovery and preservation orders were refused and costs reserved.