GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. GREEN POWER HEALTH PRODUCTS INTERNATIONAL CO LTD AND OTHERS

GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. GREEN POWER HEALTH PRODUCTS INTERNATIONAL CO LTD AND OTHERS

Refused leave to re-amend the Defence and to adduce the Japanese magazine, Japanese packaging and related late witness affirmations because the applications were made at an unacceptably late stage without satisfactory explanation, the evidence would introduce new dimensions and prejudice the Plaintiffs by causing significant delay and disruption that could not be compensated by costs; however, drawings TSK-2 and TSK-3 were admitted subject to supplemental witness statements within 7 days because they completed existing evidence, were directly relevant and would not cause serious prejudice.

Citation
GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. GREEN POWER HEALTH PRODUCTS INTERNATIONAL CO LTD AND OTHERS
Parties
1st Plaintiff: GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO. LTD; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 July 2004
Case Number
HCA2802/2003
Procedural Posture
High Court Copyright Action / Trial — Interlocutory Applications Heard During Trial (applications to Amend Pleadings and to Adduce Late Evidence)
Outcome
Application to re-amend the Defence and applications to adduce late evidence relating to the Japanese magazine, Japanese packaging and certain late affirmations dismissed; application to rely on a 7th affirmation refused; leave granted to adduce drawings TSK-2 and TSK-3 subject to conditions.
Legal Topics
Copyright, Amendment of Pleadings, Admissibility of Evidence, Disclosure, Prejudice and Delay
Source Language
EN
Intellectual Property Civil Procedure Evidence Copyright Amendment of Pleadings Admissibility of Evidence Disclosure Prejudice and Delay

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Parties

GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO. LTD

1st Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

Procedural Posture

High Court Copyright Action / Trial — Interlocutory Applications Heard During Trial (applications to Amend Pleadings and to Adduce Late Evidence)

Legal Issues

  1. 1 Whether leave should be granted to re-amend the Defence to add positive pleas challenging originality based on external Japanese sources
  2. 2 Whether late witness statements and documentary evidence (Japanese magazine and packaging) should be admitted given lateness and explanation provided
  3. 3 Whether certain new evidence is relevant or merely collateral and whether its admission would cause prejudice and delay

Ratio Decidendi

Refused leave to re-amend the Defence and to adduce the Japanese magazine, Japanese packaging and related late witness affirmations because the applications were made at an unacceptably late stage without satisfactory explanation, the evidence would introduce new dimensions and prejudice the Plaintiffs by causing significant delay and disruption that could not be compensated by costs; however, drawings TSK-2 and TSK-3 were admitted subject to supplemental witness statements within 7 days because they completed existing evidence, were directly relevant and would not cause serious prejudice.

Court Disposition

Application to re-amend the Defence and applications to adduce late evidence relating to the Japanese magazine, Japanese packaging and certain late affirmations dismissed; application to rely on a 7th affirmation refused; leave granted to adduce drawings TSK-2 and TSK-3 subject to conditions.

Orders

  • Application for leave to re-re-amend the Defence by adding the proposed pleas (including paras 64B, 65BA) dismissed
  • Application for leave to adduce evidence in the trial as set out in the third supplemental witness statement of Dr Chung Chee Keung and the witness statement of Tong Siu Kan dated 16 July 2004 dismissed