Louis Liu

The appellant software company appealed the dismissal of its claim that the respondent breached a distribution agreement by copying the features and functionality of its software to create a derivative work.

The Court of Appeal upheld the trial judge's factual findings that no copying occurred and that the respondent's use of a marketing presentation was authorized.

The Court also found no error in the trial judge's evidentiary rulings, including the exclusion of an omnibus package of documents under the party admissions exception to the hearsay rule and the exclusion of an expert report that lacked necessity.

The appeal was dismissed.

This decision addresses three motions: the defendants' motion to remove the plaintiff's counsel due to an alleged conflict of interest, the defendants' motion to lift a Mareva injunction against two defendants, and the defendants' motion to discharge a certificate of pending litigation (CPL).

The court dismissed the motion to remove counsel, finding no direct adverse legal interests and that the "bright line rule" did not apply.

The motion to lift the Mareva injunction was also dismissed, as the court found evidence of co-mingled funds implicating the defendants.

However, the motion to discharge the CPL was granted, as the plaintiff failed to demonstrate an interest in the property, which was acquired prior to the investment relationship.