Shih-hua Investment Co., Ltd v. Zhang Aidong and Others

HCMP 2735/2016

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 2735 OF 2016

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D E C I S I O N

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1.The position before the court this morning is as follows. The applicant is prima facie entitled to the relief sought in the originating summons. There is technically no evidence filed by the respondents in opposition to this application.

2.The evidence filed by the respondents without leave essentially advances one argument, namely, that the applicant has been abusing and will abuse the confidential information of the 3^rd respondent for its own gain.

3.I have to say that this “disorganized” position of the respondents, as described by Mr Wong appearing for them with Ms Au, is quite unattractive bearing in mind that when the parties last came before this court it was indicated to the respondents that there is normally no defence to an application of the present type. 

4.Balancing the conflicting interests in this case, I believe that the best course to be adopted is to grant the order sought in the originating summons with an undertaking in terms similar to those set out in §55 of Tsai Shao Chung v Asia Television Ltd [2012] 4 HKLRD 52 at 68.  The undertaking is accepted by Mr Maurellet SC for the applicant.  This course will best meet the justice of the case and resolve these matters expediously with the minimum of costs.

5.I therefore make an order in terms of the originating summons as amended, subject to the aforesaid undertaking.  Finally, I order that the costs of this application be to the applicant.

Mr Jose Maurellet SC, instructed by Alvan Liu & Partners, for the applicant

Mr Martin Wong and Ms Astina Au, instructed by Jun He Law Offices for the 1^st and 2^nd respondents

The 3^rd respondent was not represented and did not appear