12 Jul 2000
COMMISSIONER OF CUSTOMSAND EXCISE v. KA SHING CAPITAL LTD. AND ANOTHER
- Citation
- COMMISSIONER OF CUSTOMSAND EXCISE v. KA SHING CAPITAL LTD. AND ANOTHER
- Court
- District Court
- Case number
- DCMP2157/1999
The 2nd Respondent, as a chargee, established it was not a wholly innocent party in the pejorative sense and had taken reasonable and customary banking inquiries, protections in the debenture, inspections and demanded licences after the 1998 statute; there was no evidence the System was specifically designed or adapted to make infringing copies under s133(13); on balance and considering prejudice to the bank as secured creditor, the court refused forfeiture of the System items claimed by the bank and ordered forfeiture only of other infringing items.