HCA 564 / 2019

[2025] HKCFI 4187

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 564 OF 2019

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D E C I S I O N

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Index

	Sections		Para
A.	Introduction		1
B.	Factual background		16
	B1	Undisputed / indisputable factual background	16
	B2	24 July 2018	24
	B3	25 July 2018	25
	B4	26 July 2018	27
	B5	After the issue of the 26 July Notice, a subsequent oral agreement to resume the business of P	31
	B6	Further disputes between the parties thereafter	35
	B7	Commencement of this Action	38
	B8	Synopsis of Ds’ defences	40
C.	Witnesses and principles on resolving factual disputes		44
D.	Relevance of the Oral Agreement and the Subsequent Oral Agreement		47
E.	P’s pleaded case against D1		53
	E1	Applicable principles on pleadings	53
	E2	P’s pleaded case on the duties owed by D1 to P	57
	E3	Breach of duties relied upon by P that are not pleaded in the SOC	61
	E4	The running of competing business through D3	65
	E5	Other breaches not pleaded or not developed in submissions	69
	E6	A duty not to use any trade secrets / confidential information of P	72
F.	P’s pleaded case against D2		73
	F1	Fiduciary duties owed by D2 to P?	74