Hong Kong Case Law: Decisions & Judgments

Topic

Unlawful interference

Legal area

Court

20 Jul 2017

ZHANG XIUHONG v. LIU WENCHEN AND OTHERS

Citation

ZHANG XIUHONG v. LIU WENCHEN AND OTHERS
Court

Court of First Instance
Case number

HCA2118/2012

The court entered default judgment against the 4th defendant because the plaintiff’s pleadings and earlier default judgments against the 1st–3rd defendants established that the disputed transfers and removals were forged and void, the claims against the 4th defendant were severable from claims against other defendants, and rectification of the registers and declaratory relief were necessary consequential remedies to do the fullest justice to the plaintiff.
14 Nov 2016

ZHANG XIUHONG v. LIU WENCHEN AND OTHERS

Citation

ZHANG XIUHONG v. LIU WENCHEN AND OTHERS
Court

Court of First Instance
Case number

HCA2118/2012

Leave to amend was granted because the action was at an early stage, the proposed amendments raised triable issues and had a real prospect of success on the material disclosed, and no prejudice was shown that could not be compensated by costs; specific pleading of special damages was necessary.
14 Nov 2016

ZHANG XIUHONG v. LIU WENCHEN AND OTHERS

Citation

ZHANG XIUHONG v. LIU WENCHEN AND OTHERS
Court

Court of First Instance
Case number

HCA2118/2012

Leave to amend was granted because the proceedings were at an early stage, the proposed amendments were necessary to plead claims arising from disclosed emails, the amendments were not plainly devoid of any prospect of success, and no prejudice was shown that could not be compensated by costs; accordingly the court ordered amendment and made specified costs orders against the 5th to 7th defendants.
20 Jun 2012

SHENZHEN FUTAIHONG PRECISION INDUSTRY CO., LTD AND OTHERS v. BYD CO LTD AND OTHERS

Citation

SHENZHEN FUTAIHONG PRECISION INDUSTRY CO., LTD AND OTHERS v. BYD CO LTD AND OTHERS
Court

Court of Appeal
Case number

CACV3/2011

The appeal is dismissed; it is not appropriate to strike out paras 62–68 because the law on whether criminal conduct can constitute 'unlawful means' is unsettled and the pleaded facts, if proved, could sustain the inferences of unlawful means and pleaded loss; summary determination would be inappropriate.
9 Aug 2005

WISE SECURITY LTD v. NIP FUNG SUI AND ANOTHER

Citation

WISE SECURITY LTD v. NIP FUNG SUI AND ANOTHER
Court

Court of First Instance
Case number

HCA1387/2003

The statement of claim failed to particularise the confidential information and how it was misused; accordingly the Registrar's refusal to order particulars was set aside and the plaintiff was ordered to provide specified further and better particulars within 14 days.
18 Jul 2004

SHENZHEN ENVIROTEC ELECTRONICS CO LTD v. CELLPLUS (HK) LTD

Citation

SHENZHEN ENVIROTEC ELECTRONICS CO LTD v. CELLPLUS (HK) LTD
Court

Court of First Instance
Case number

HCA786/2004

The appeal was allowed and the Master’s order for an interim payment was set aside because the summary judgment application had been dismissed by consent with no relevant change of circumstances, making the interim payment application an abuse of process; the presence of strong arguable counterclaims and the absence of evidence Envirotec could repay reinforced the decision. Discovery applications were partly adjourned and partly ordered in narrowed form: further and better list adjourned sine die; specific discovery ordered limited to identified categories and timeframes, email chains limited…
16 Nov 2001

AXA CHINA REGION INSURANCE CO. LTD. & ANOTHER v. PACIFIC CENTURY INSURANCE CO. LTD. & OTHERS

Citation

AXA CHINA REGION INSURANCE CO. LTD. & ANOTHER v. PACIFIC CENTURY INSURANCE CO. LTD. & OTHERS
Court

Court of First Instance
Case number

HCA9093/2000

Under s.52A the court has unfettered discretion on costs and interlocutory costs are not automatically in the cause; where defendants unreasonably expanded the issues beyond the American Cyanamid framework and thereby caused unnecessary time and expense, the court may order defendants to pay the plaintiffs' interlocutory costs 'in any event' irrespective of the trial outcome; accordingly the costs order nisi of 24 July 2001 is affirmed and defendants ordered to pay plaintiffs' costs (certificate for three counsel) and costs of the hearing (certificate for two counsel), to be taxed if not agre…
24 Jul 2001

AXA CHINA REGION INSURANCE CO. LTD. AND ANOTHER v. PACIFIC CENTURY INSURANCE CO. LTD. AND OTHERS

Citation

AXA CHINA REGION INSURANCE CO. LTD. AND ANOTHER v. PACIFIC CENTURY INSURANCE CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA9093/2000

Court held AXA had raised serious issues to be tried that Client Data were protectable confidential information/trade-secrets, that the Individual Defendants owed a duty of fidelity during their agency and that PCI, on the facts pleaded, could be bound by a duty of confidence and had arguable dishonest knowledge; damages could be inadequate and the balance of convenience favoured interlocutory relief; accordingly interlocutory injunctions, delivery up and disclosure orders were justified until trial or further order.
21 Dec 1993

CHAN KIN TIM, LESLIE AND ANOTHER v. AMUSE HONG KONG LIMITED

Citation

CHAN KIN TIM, LESLIE AND ANOTHER v. AMUSE HONG KONG LIMITED
Court

Court of First Instance
Case number

HCA10123/1993

The Court found the Defendant's statement that the Plaintiffs' copyright claim was "spurious and without foundation" to be false and, given the factual background and timing, malice was to be inferred; Plaintiffs demonstrated likely pecuniary damage (withholding of royalties and lost licences) and the balance of injustice favored granting a mandatory interlocutory injunction to restore the status quo by ordering unconditional withdrawal of the offending letter, since the Defendant could not show a viable justification for those words at the time of publication.