30 Aug 2006
IN LEARNING LTD v. LEUNG WAI HON THOMAS
- Citation
- IN LEARNING LTD v. LEUNG WAI HON THOMAS
- Court
- District Court
- Case number
- DCCJ3768/2006
The ex parte injunction was discharged because the plaintiffs failed the duty of full and frank disclosure by not disclosing material facts (existence and employment status of WCL staff) which would likely have prevented the grant of the order; independently, the Undertaking and Code were held to be vague, overbroad restraints of trade such that there was no serious question to be tried and damages were an adequate remedy; balance of convenience and lack of urgency also favoured discharge and refusal of a fresh injunction.