Techtronic Product Development Limited and Anor v Fauteux, Denis Gaston

) when a party’s application for release from its implied undertaking not to use documents obtained on discovery for collateral purposes should be granted; and (

when the privilege against self-incrimination (“

”) may be relied upon in opposition to such an application.

The Plaintiffs’ case is that the Defendant had misappropriated and wrongfully downloaded confidential information and trade secrets belonging to the Plaintiffs, and misused and/or divulged to potential competitors in the Mainland. The Plaintiffs obtained interim injunctions to restrain the Defendant from misuse of their confidential information and trade secrets, as well as orders against the Defendant for delivery-up of such materials and disclosure of related information.

The Plaintiffs then applied to the Court to be released from their implied undertaking not to use disclosed information for collateral use, to facilitate (i) the lodging of reports, criminal complaints investigations or proceedings, in HK and/or the Mainland, and (ii) civil proceedings in the Mainland against third parties.

DHCJ MK Liu allowed the Plaintiffs’ application.

In light of the strong merits of the Plaintiffs’ application and the Defendant’s unsatisfactory disclosures, the learned judge further awarded costs of the interlocutory summonses to the Plaintiffs, to be paid forthwith.

, instructed by Norton Rose Fullbright Hong Kong, acted for Techtronic Product Development Limited and Techtronic Cordless GP, the 1

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High Court Reviews Principles Concerning Release From Implied Undertaking Not to Use Disclosed Documents for Collateral Purpose

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