Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Overlap of remedies

  • 5 Dec 2023

    唐弋蘇 對 新衛保安服務有限公司

    Citation
    [2023] HKCFI 3116
    Court
    Court of First Instance
    Case number
    HCLA26/2023

    The court granted leave to appeal because the legal question — whether the adjudicator erred in law by indefinitely adjourning the Labour Tribunal claim pending the outcome of overlapping employee compensation proceedings and an ongoing criminal investigation — was arguable; although case management decisions attract deference, the issue raised a real question of law warranting appellate scrutiny, and the costs of the leave application were to be costs of the appeal.

  • 8 Apr 1997

    ORIENTAL PRESS GROUP LTD. v. APPLE DAILY LTD.

    Citation
    ORIENTAL PRESS GROUP LTD. v. APPLE DAILY LTD.
    Court
    Court of First Instance
    Case number
    HCA952/1997

    The court held the defendant infringed the plaintiff's copyright in the front‑cover photograph, assessed a modest notional royalty of HKD 5,000 and conversion damages of HKD 3,000 (no overlap between the two), awarded nominal sum of HKD 1 for other claimed copyrights, and ordered that the defendant is entitled to its costs because it made a sensible early offer which the plaintiff rejected.

  • 2 Mar 1987

    XIANG SI HUA v. BAILEY RECORD CO LTD

    Citation
    XIANG SI HUA v. BAILEY RECORD CO LTD
    Court
    Court of First Instance
    Case number
    HCA3317/1986

    The Master found the plaintiff had an established international reputation and that the defendant deliberately passed off inferior recordings causing injury to goodwill; awarded passing off damages of $75,000. Infringement damages under s17(1) were assessed as fair remuneration of $25,000 for the plaintiff's performance and arrangements of 40 pieces based on comparators and reasonableness. Conversion damages under s18 were measured pro rata from audited sales for the 40 copyright pieces at $21,797. Agreed special damages $6,000 and aggravated damages $10,000 were added; the various heads do n…