Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Non-joinder (s113 co)
  • 13 Oct 2017

    GOLDEN SUN FILMS DISTRIBUTION LTD v. STAR ALLIANCE MOVIES (HK) CO LTD

    Citation
    GOLDEN SUN FILMS DISTRIBUTION LTD v. STAR ALLIANCE MOVIES (HK) CO LTD
    Court
    Court of First Instance
    Case number
    HCA882/2014

    Summons dismissed because (1) the Plaintiff, pleading itself as exclusive licensee of copyright owned by Golden Sun, could not properly proceed without joinder of Golden Sun under s113(1) CO making the claim incompetently constituted; (2) there are triable issues of fact on construction of Clauses 12 and 14 of the Processing Agreement (including relevance of industry practice) such that the question is unsuitable for determination under Order 14A or summary judgment; and (3) there are material doubts about the authenticity/effectiveness of the 2003 assignment to Golden Sun exacerbated by the…