Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Use of firm name

Legal area

Court

14 Feb 2008

WONG SUI-KWAN v. CHEONG PUI FAN

Citation

WONG SUI-KWAN v. CHEONG PUI FAN
Court

Court of Appeal
Case number

CACV145/2007

The Court of Appeal upheld the trial judge's factual findings rejecting the plaintiff's account of an oral Rider commission agreement and rejecting his claims regarding the firm name and passing off; the appeal was dismissed save that the order for taking of accounts was varied to clarify the temporal and file reference scope consistent with the judge's findings.
27 Oct 2006

WONG SUI KWAN v. CHEONG PUI FAN

Citation

WONG SUI KWAN v. CHEONG PUI FAN
Court

District Court
Case number

DCCJ4987/2004

On the facts the court found no proved oral agreement preserving the Rider A formula or requiring removal of the plaintiff's name; the parties had agreed a flat 25% rate by mid-October 2003 (with ad hoc month-by-month variations); the plaintiff as a consultant did not occupy a fiduciary position imposing the alleged onerous duties; the defendant's counterclaims based on fiduciary breach and related torts failed; the plaintiff is entitled to accounts and payment for specified categories and interim payment of HKD 148,266.75; the Name Action was dismissed.