Hong Kong Case Law: Decisions & Judgments

Topic

Non-solicitation

Legal area

Court

11 Apr 2025

INFO SALONS TECHNOLOGY SERVICES (HK) LTD v. FENG WENGUO AND OTHERS

Citation

[2025] HKCFI 1663
Court

Court of First Instance
Case number

HCA654/2025

Interim interim relief was refused because, on the evidence, the balance of fairness favoured the defendants: the non-disclosure claim was vague and not the core complaint, facts did not clearly establish solicitation or enticement, the covenants could be read down/severed, the March fair had already occurred and evidence suggested D3 was chosen for the June fair, losses could be compensated by damages, and an injunction would cause significant prejudice to defendants and third parties; accordingly plaintiff failed to justify the short-term interim injunction sought.
16 Aug 2024

MOXIE COMMUNICATIONS LTD v. LAI CHEUK LOK (aka CHARLOTTE LAI)

Citation

[2024] HKDC 1323
Court

District Court
Case number

DCCJ4624/2021

The Conditions were part of the employment contract and supported by consideration, but both the Restrictive Covenant and the Non-Solicitation Covenant were unenforceable restraints of trade because the Plaintiff failed to identify legitimate proprietary interests (trade secrets or customer connections influenced by the Defendant) that required post-termination protection; the Defendant was a junior employee with no access to pricing or trade secrets, the media contacts were publicly available and not proprietary, the restrictions were excessive in scope and duration, and on the facts the Def…
5 Sept 2023

HONG KONG VENDING SYSTEM COMPANY LTD v. LUI KIN MING AND ANOTHER

Citation

[2023] HKDC 1175
Court

District Court
Case number

DCCJ5064/2022

Court struck out the 2nd defendant's claim in its entirety and struck specified paragraphs and reliefs because the Amended Statement of Claim failed to plead material facts against the 2nd defendant (speculative inferences, lack of particulars) and the sole remaining monetary claim against her (non-compete) fell within the exclusive jurisdiction of the Labour Tribunal; conspiracy and causing loss by unlawful means were inadequately pleaded and struck out; certain restrictive covenant and confidence claims against the 1st defendant survived as fact-sensitive and arguable.
19 Mar 2021

AB CLUB LTD AND OTHERS v. chan yin ki cubie AND OTHERS

Citation

[2021] HKCFI 681
Court

Court of First Instance
Case number

HCA1644/2020

Recorder Houghton found there was a serious issue to be tried on the scope of the contractual restriction (including whether "clients" extends to developer clients) and that an injunction (rather than mere undertakings) clarifying non-solicitation to include property developers to the extent of relationships existing at the time of employment was justified as to the 2nd–4th defendants; he accepted renewal of undertakings restraining use of confidential information and delivery up of such material; however he refused springboard injunctions against the 1st and 2nd defendants because the plaint…
5 Nov 2020

AB CLUB LTD AND OTHERS v. CHAN YIN KI CUBIE AND OTHERS

Citation

[2020] HKCFI 2769
Court

Court of First Instance
Case number

HCA1644/2020

The court refused the interim non-compete (springboard) injunction because the plaintiffs' delay, the lack of immediate urgency and the adequacy of damages made the risk of injustice from granting such an order greater than refusing it; however, on the papers there was a good arguable case that the 2nd–4th Defendants were bound by contractual non-solicitation covenants and little prejudice would flow from enforcing those covenants pending full trial, so an interim non-solicitation injunction was granted against the 2nd–4th Defendants (including by or through the 1st, 10th and 11th Defendants)…
28 May 2019

FACE IT LTD v. LUK MEI LING AND OTHERS

Citation

[2019] HKCFI 1416
Court

Court of First Instance
Case number

HCA299/2019

The court found that the customer particulars and communication records, given their collation, use and contractual non-disclosure clauses, possessed the necessary quality of confidentiality; there was sufficient evidence that defendants retained and used such information to solicit customers for a competing business; damages would be inadequate and the balance of convenience favored equitable protection; accordingly interlocutory relief for delivery up and a negative injunction was granted subject to a fortified cross-undertaking of HK$1,000,000.
4 Jan 2019

MBM METAL WORKS HONG KONG, LTD v. JONATHAN DEREK NICHOLS AND ANOTHER

Citation

[2019] HKCFI 52
Court

Court of First Instance
Case number

HCA2936/2018

Interim interim injunctions refused because the application lacked urgency (inexcusable delay), damages were an adequate remedy to the plaintiff and, by a narrow margin, the injunctions would cause irreparable prejudice to the respondent; provisional doubts about the validity, scope and certainty of the restrictive covenants reinforced the balance of convenience against granting relief.
14 Feb 2018

JOE ZHIXIONG ZHOU v. SAIF PARTNERS II L.P.AND ANOTHER

Citation

[2018] HKCFI 357
Court

Court of First Instance
Case number

HCCL16/2016

Clause 8 of the SA fixed plaintiff's final vested carried interest at 51.78% and prevented reduction; ALPA proviso (iv) requires a causal link so that ‘Termination with Cause’ means an involuntary termination for Cause and does not apply to consensual termination later followed by discovery of Cause; ‘policy’ in ALPA refers to an express written policy; non-disparagement clause targets reputational harm not ordinary operational or financial conduct; plaintiff breached fiduciary duties in relation to the Xinrui/Keygate dealings and must disgorge profit from that investment; other allegations o…
10 Mar 2017

STORE FRIENDLY SELF STORAGE GROUP LTD v. WALON ENTREPRENEURS LTD

Citation

STORE FRIENDLY SELF STORAGE GROUP LTD v. WALON ENTREPRENEURS LTD
Court

Court of First Instance
Case number

HCA499/2017

There was a serious question to be tried on the reasonableness and alleged breach of the restraint and non-solicitation clauses; the plaintiff demonstrated a legitimate protectable interest and potential inadequacy of damages (including difficulty quantifying new customers and reputational harm), and the balance of convenience favoured granting an interlocutory injunction pending trial.
23 Jun 2015

GFI (HK) SECURITIES LLC v. GYONG HEE KANG AND ANOTHER

Citation

GFI (HK) SECURITIES LLC v. GYONG HEE KANG AND ANOTHER
Court

Court of First Instance
Case number

HCA1319/2015

The court held that GFI demonstrated a serious question to be tried and had reasonably good prospects of success that the non-dealing and non-solicitation covenants were enforceable to protect legitimate commercial interests (client connections and confidential information); GFI did not unduly delay in bringing the application, damages would be an inadequate remedy for loss of client connections/confidential information while the restraint subsisted, and the balance of convenience favoured granting an interlocutory injunction (non-compete was abandoned).