21 May 1992
HUNG KA HO v. POLYTEK SUPPLY LTD.
- Citation
- HUNG KA HO v. POLYTEK SUPPLY LTD.
- Court
- Court of First Instance
- Case number
- HCA9946/1991
The court refused to discharge the ex parte Anton Piller order because the alleged non-disclosures were either not material to the ex parte judge's decision or were innocent; the plaintiff had a strong prima facie case of primary infringement based on substantial similarity and raised a serious question of secondary infringement by knowledge from circumstantial evidence; the balance of convenience favoured continuing an interlocutory injunction (with limited modifications) because plaintiff faced irreparable or unquantifiable harm and could satisfy an undertaking in damages.