Jet Tone Films Ltd v. Lau Yuen Chui Lillian t/a Lambiance Design and Multimedia
Read the full judgment text of HCA 742/2005 on BabelCite. This High Court CFI judgment was delivered on 17 May 2005.
1. I have heard argument from both sides. Fairly and squarely the main fact is that the plaintiff is the commissioner and therefore protected under sections 15 and 103 of the Copyright Ordinance. Accordingly they have a good prospect of success at the end of the day.
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HCA742/2005 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE ACTION NO.742 OF 2005 ---------------------- BETWEEN
---------------------- Before : Hon Yam J in Chambers Date of Hearing : 17 May 2005 Date of Judgment : 17 May 2005 ------------------------ DECISION ------------------------ 1.I have heard argument from both sides. Fairly and squarely the main fact is that the plaintiff is the commissioner and therefore protected under sections 15 and 103 of the Copyright Ordinance. Accordingly they have a good prospect of success at the end of the day. 2.The only thing I will require the plaintiff to do is to fortify their undertaking by payment into court in the sum of $62,500. Apart from that, I think the website should then be better maintained by the plaintiff. It will only leave the defendant to claim the transfer fee at the end of the day and that could be quantified if it could not be agreed. I understand once all these files, documents and materials were transferred to the plaintiff, they could copy it. When they say they do not need them, they still have to pay the transfer fee if the defendant can establish its case. 3.Therefore, I order the plaintiff to pay $62,500 into court within seven days hereof and to pay the defendant $4,000 for maintaining the website for one month forthwith. 4.I order in terms of paragraphs 1 and 2 of the summons, to be done within one month hereof, upon the plaintiff paying the defendant $4,000 within seven days hereof. 5.I also order in terms of paragraph 3, since the defendant is not objecting to it but, of course, when they are not in possession of any of the documents, files and materials, they need not deliver them up. 6.I think that costs should be in the cause rather than plaintiff’s costs in the cause because the main action has not been decided. The effect of my order is what is required to be done should be done forthwith. Forthwith means within a reasonable time, and to make all reasonable effort to maintain the website until the same is transferred to the plaintiff as provided for in order 2 hereof.
Mr Kevin Pun, instructed by Messrs Stephen Lo & P Y Tse, for the Plaintiff Mr Tony Li, of Messrs Burke, Fung & Li, for the Defendant Appeal by the Defendant to Court of Appeal. Appeal dismissed. Please refer to the appeal judgment of CACV186/2005. |
Further hearings and rulings under HCA 742/2005