3 Aug 2020
HKK v. N
- Citation
- [2020] HKCFI 1888
- Court
- Court of First Instance
- Case number
- HCCT45/2012
Given the Copyright Tribunal's definitive finding that the Scheme and rates are reasonable and that the defendant is liable for licence fees, the court exercising its discretion under Order 22A must release monies paid into court unless the defendant demonstrates good reason to retain them; an outstanding appeal without a stay is not such a reason. Applying a precautionary interim-payment approach (analogy to Order 29), the court may estimate a reasonable proportion of the plaintiff's claimed licence fees to justify payment out; here the court was satisfied to grant the plaintiff's summons fo…