Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Legitimate business interest

Legal area

Court

14 Mar 2006

MIDLAND BUSINESS MANAGEMENT LTD v. HUI TSUN YIN

Citation

MIDLAND BUSINESS MANAGEMENT LTD v. HUI TSUN YIN
Court

District Court
Case number

DCCJ6122/2005

The judge found Clause 8.4 ambiguous and that the plaintiff had not established reasonably good prospects of success on its construction/interpretation of the clause; because the restraint was due to expire within six months and no viable fall‑back construction existed (and severance would not reliably cure defects), interlocutory injunctions were dismissed.
14 Mar 2006

MIDLAND BUSINESS MANAGEMENT LTD v. TSE KAI WING ALEX

Citation

MIDLAND BUSINESS MANAGEMENT LTD v. TSE KAI WING ALEX
Court

District Court
Case number

DCCJ6121/2005

The judge rejected the plaintiff's construction of Clause 8.4 as adding an impermissible gloss; concluded the clause is ambiguous/uncertain in key respects (geographical and activity qualifications), the plaintiff lacked reasonably good prospects of success on construction and severance arguments, and therefore interlocutory injunctions would effectively decide the dispute and were dismissed; costs ordered nisi for defendants.