-6A
A
18.
B
C
This is also not the kind of case where special circumstances
exist that may cause the court to consider whether it is strictly necessary to
prevent publicity so as not to prejudice the interests of justice.
B
C
D
SERIOUS QUESTION TO BE TRIED
D
E
19.
E
The applicable principles since American Cyanamid Co v
Ethicon Ltd [1975] AC 396 are trite. As the applying party, Chor has to
F
F
establish that the claim raises a serious question to be tried; and that
G
damages would not be adequate remedy if he succeeds at the end. The
G
balance of convenience between the parties ought to favour the granting the
H
H
interlocutory injunction: see Hong Kong Civil Procedure 2013 at §§29/1/8I
29/1/17.
I
J
J
The cause of action
K
K
20.
Both parties referred to the elements of an action for breach of
L
L
confidence set out in Coco v A H Clark (Engineers) [1969] RPC 41, which
M
N
was applied in Li Yau Wai Eric v Genesis Films Ltd [1987] HKLR 711,
namely:
N
(1)
O
P
M
the information in respect of which relief is sought was
confidential in nature;
(2)
the information was imparted by the plaintiff to the
O
P
defendant in circumstances importing an obligation of
Q
R
confidence; and
(3)
the use and publication of the information by the
Q
R
defendant was unauthorised.
S
S
T
T
U
U
V
V