Read the full judgment text of CACV 225/2021 on BabelCite. This Court of Appeal judgment was delivered on 9 June 2023 before Kwan VP, Yuen JA, G Lam JA.
Civil appeal – intellectual property – passing off – trade mark infringement – Trade Marks Ordinance (Cap 559) s.18(3) and s.18(4) – judicial copying – whether wholesale verbatim copying of one party's submissions rebuts presumption of judicial integrity and impartiality – trial judgment estimated to have copied over 98% from plaintiff's submissions – defendants' substantive arguments not engaged with – Court of Appeal allowed appeal on Ground A and set aside judgment – extent and quality of copying, given complexity and hard-fought nature of case, found to be cogent evidence rebutting presumption – critical issue on liability was credibility of Mrs Law who gave oral evidence over 3 days – factual disputes whether defendants' get-ups had been in use since 1980s under 黃國民 (Wong Kwok Man) and 黃國武 (Wong Kwok Mo) brands, and whether 黃道人 (Wong To Yan) had been used since 1999 supported by 2004 CMC application – appellate court not equipped to reassess primary credibility findings on transcript – 'island-hopping in a sea of evidence' – retrial before another judge ordered – costs nisi that defendants' costs of the appeal and parties' costs below be in cause of retrial – certificate for two counsel – consideration of authorities from Hong Kong, England and Wales, Canada and New South Wales on judicial copying – review of Nina Kung v Wong Din Shin, Crinion v IG Markets, Cojocaru, Li v Attorney General (NSW), Choi Yuk Ying v Ng Ngok Chuen, Chan San v Hans Li, Mathnasium Centre Licensing LLC v Chang Chi Hung.
Legal issues: Judicial copying and presumption of judicial integrity · Whether retrial is required
Outcome: Appeal on Ground A (judicial copying) allowed; judgment of the trial judge set aside; retrial ordered before another judge.
Cited by 10 cases · Cites 7 cases