Arbitral Digest

Matter

Hong Kong Karaoke Licensing Alliance Limited v Neway Music Limited

  1. 7 November 2013Hong Kong

    7 November 2013Hong Kong

    Judgment of the High Court in the case HCCT 45/2012 dated 7 November 2013

    High Court of the Hong Kong Special Administrative Region

    Case no.
    HCCT 45/2012
    Decision summary
    L Chan J held that neither the Copyright Tribunal nor the court had jurisdiction to order interim payment for the section 156 reference, and that the court could not order payment of the full royalties sought. The court held that it had jurisdiction to order payment into court and considered it appropriate for Neway Music Limited to pay a reasonable sum into court to secure what the Copyright Tribunal might order.

    Supporting details

    4 authorities · 3 participants
    Hong Kong Karaoke Licensing Alliance Limited
    Neway Music Limited
    High Court of the Hong Kong Special Administrative Region
    Judge
    L Chan

    Authorities cited

    4
    • Arbitration Ordinance (Cap 609)
      statute
    • Hong Kong Copyright Ordinance (Cap 528) (Copyright Ordinance (Cap 528))
      statute
    • Former Hong Kong Copyright Tribunal Rules (Cap 528C) (Copyright Tribunal Rules (Cap 528C))
      statute
    • Hong Kong Rules of the High Court (Rules of the High Court (Hong Kong))
      statute

    3 years, 1 month and 30 days later · 1156 days

  2. 6 January 2017Hong Kong

    6 January 2017Hong Kong

    Order of the High Court dated 6 January 2017

    High Court of the Hong Kong Special Administrative Region

    Decision summary
    L Chan J ordered that the total sum already paid into court should continue to be held pending the determination of Copyright Tribunal Case No 2 of 2010 or until further order of the court.

    Supporting details

    1 authority · 3 participants
    Hong Kong Karaoke Licensing Alliance Limited
    Neway Music Limited
    High Court of the Hong Kong Special Administrative Region
    Judge
    L Chan

    Authorities cited

    1
    • Hong Kong Copyright Ordinance (Cap 528) (Copyright Ordinance (Cap 528))
      statute

    2 years, 11 months and 17 days later · 1081 days

  3. 23 December 2019Arbitration

    23 December 2019Arbitration

    Copyright Tribunal decision in CT 2/2010 dated 23 December 2019

    Decision summary
    The Copyright Tribunal found that the structure and rates of the back-catalogue repertoire were reasonable, made no variation to the licensing scheme, ordered Neway Music Limited to pay Hong Kong Karaoke Licensing Alliance Limited licence fees for the back catalogue from 1 July 2010 to 30 June 2015, and directed the parties to provide their calculations.

    Supporting details

    1 authority · 2 participants
    Hong Kong Karaoke Licensing Alliance Limited
    Neway Music Limited

    Authorities cited

    1
    • Hong Kong Copyright Ordinance (Cap 528) (Copyright Ordinance (Cap 528))
      statute

    3 months and 16 days later · 107 days

  4. 8 April 2020Arbitration

    8 April 2020Arbitration

    Directions of the Copyright Tribunal dated 8 April 2020

    Decision summary
    The Copyright Tribunal directed that evidence and submissions be filed for a hearing to determine the amount of licence fees payable under its decision in CT 2/2010.

    Supporting details

    2 participants
    Hong Kong Karaoke Licensing Alliance Limited
    Neway Music Limited

    3 months and 26 days later · 117 days

  5. 3 August 2020Hong Kong

    3 August 2020Hong Kong

    Decision of the High Court dated 3 August 2020

    High Court of the Hong Kong Special Administrative Region

    Decision summary
    M Chan J ordered payment out to Hong Kong Karaoke Licensing Alliance Limited of the two sums paid into court, totalling $25 million, with all accrued interest under Order 22A rule 1(1) of the Rules of the High Court.

    Supporting details

    1 authority · 3 participants
    Hong Kong Karaoke Licensing Alliance Limited
    Neway Music Limited
    High Court of the Hong Kong Special Administrative Region
    Judge
    M Chan

    Authorities cited

    1
    • Hong Kong Rules of the High Court (Rules of the High Court (Hong Kong))
      statute

    1 month and 1 day later · 32 days

  6. 4 September 2020Hong Kong

    4 September 2020Hong Kong

    Reasons for Judgment of the Court of Appeal in the cases CAMP 131/2020 and CACV 328/2020 dated 4 September 2020

    Court of Appeal of the High Court of the Hong Kong Special Administrative Region

    Case no.
    CAMP 131/2020; CACV 328/2020
    Citation
    [2020] HKCA 736
    Decision summary
    The Court of Appeal held that leave was required, dismissed the application for leave to appeal and the notice of appeal filed without leave, and ordered Neway Music Limited to pay Hong Kong Karaoke Licensing Alliance Limited's costs. It held that the challenge to payment out of the money paid into court had no reasonably arguable prospect of success and that there was no other reason in the interests of justice to hear the intended appeal.

    Supporting details

    7 authorities · 10 participants
    Hong Kong Karaoke Licensing Alliance Limited
    Representative
    Rimsky Yuen (For: Hong Kong Karaoke Licensing Alliance Limited)
    Representative
    Queenie Lau (For: Hong Kong Karaoke Licensing Alliance Limited)
    Representative
    Natalie So (For: Hong Kong Karaoke Licensing Alliance Limited)
    Representative
    Ellalan (For: Hong Kong Karaoke Licensing Alliance Limited)
    Neway Music Limited
    Representative
    Joseph Wong (For: Neway Music Limited)
    Representative
    S W Wong & Associates (For: Neway Music Limited)
    Court of Appeal of the High Court of the Hong Kong Special Administrative Region

    Authorities cited

    7
    • Arbitration Ordinance (Cap 609)
      statute
    • Hong Kong Copyright Ordinance (Cap 528) (Copyright Ordinance (Cap 528))
      statute
    • Former Hong Kong Copyright Tribunal Rules (Cap 528C) (Copyright Tribunal Rules (Cap 528C))
      statute
    • Hong Kong Copyright Tribunal Rules (Cap 528D) (Copyright Tribunal Rules (Cap 528D))
      statute
    • High Court Ordinance (Cap 4)
      statute
    • Hong Kong Rules of the High Court (Rules of the High Court (Hong Kong))
      statute
    • UNCITRAL Model Law on International Commercial Arbitration
      model-law

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Hong Kong Karaoke Licensing Alliance Limited v Neway Music Limited · Matter