Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Trade mark invalidity

Legal area

Court

29 Jun 2006

ROSA FOODS CO., LTD AND ANOTHER v. TAO-TI INTERNATIONAL CO., LTD AND ANOTHER

Citation

ROSA FOODS CO., LTD AND ANOTHER v. TAO-TI INTERNATIONAL CO., LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA3656/2003

The court fixed the appropriate gross sum for the two actions against Eiseki at HKD 1,200,000 and apportioned 35% of that sum (HKD 420,000) as the liability of the former solicitors S.H. Chan & Co. for costs incurred up to 30 September 2004; the court ordered the HKD 1,000,000 security held in court to be paid out immediately to the defendants and left any further liability issues to be the subject of future directions if sought.
8 Jun 2005

GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. SUN YAT SEN UNIVERSITY AND OTHERS

Citation

GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. SUN YAT SEN UNIVERSITY AND OTHERS
Court

Court of First Instance
Case number

HCA2802/2003

The judge applied a global balancing approach: the parties' respective successes and failures largely offset each other, the claims and evidence were intertwined, and identified misconduct and preparation failures on both sides warranted discounts. Taking those factors and existing interlocutory costs orders into account, the court exercised its discretion to vary the costs order nisi and directed that, subject to prior costs orders, each party bear their own costs of the action.