APPLE INC.AND ANOTHER v. PROVIEW INTERNATIONAL HOLDINGS LTD AND OTHERS

APPLE INC.AND ANOTHER v. PROVIEW INTERNATIONAL HOLDINGS LTD AND OTHERS

The 1st Defendant plainly failed to comply with the court's unless direction by producing expert reports that exceeded the confined issues directed by Master Ho; the specified sanction in the unless order therefore took effect and the 1st Defendant is debarred from adducing any expert evidence at trial unless it successfully applies for relief under Order 2, rule 4.

Citation
APPLE INC.AND ANOTHER v. PROVIEW INTERNATIONAL HOLDINGS LTD AND OTHERS
Parties
1st Plaintiff: Apple Inc.; 2nd Plaintiff: IP Application Development Limited; 1st Defendant: Proview International Holdings Limited; 2nd Defendant: Unnamed 2nd Defendant (Proview group subsidiary); 3rd Defendant: Unnamed 3rd Defendant (Proview group subsidiary); 4th Defendant: Unnamed 4th Defendant (founder/executive director); 5th Defendant: Unnamed 5th Defendant (Proview group subsidiary)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 May 2012
Case Number
HCA739/2010
Procedural Posture
Civil Claim (specific Performance, Trade Mark Assignment) / Interlocutory Application to Debar Expert Evidence Prior to Trial
Outcome
Application granted; 1st Defendant debarred from adducing any expert evidence at trial
Legal Topics
Expert Evidence, Sanctions for Non Compliance With Court Orders, Trade Mark Assignment, Authority of Company Representatives, Foreign Law Evidence
Source Language
EN
Civil Procedure Evidence Intellectual Property Company Law Conflict of Laws Expert Evidence Sanctions for Non Compliance With Court Orders Trade Mark Assignment +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Apple Inc.

1st Plaintiff

IP Application Development Limited

2nd Plaintiff

Proview International Holdings Limited

1st Defendant

Unnamed 2nd Defendant (Proview group subsidiary)

2nd Defendant

Unnamed 3rd Defendant (Proview group subsidiary)

3rd Defendant

Unnamed 4th Defendant (founder/executive director)

4th Defendant

Unnamed 5th Defendant (Proview group subsidiary)

5th Defendant

Procedural Posture

Civil Claim (specific Performance, Trade Mark Assignment) / Interlocutory Application to Debar Expert Evidence Prior to Trial

Legal Issues

  1. 1 Whether the 1st Defendant complied with the court's unless expert direction of 1 September 2011
  2. 2 Whether the expert reports served by the 1st Defendant were limited to responding to the plaintiffs' expert reports on PRC and Taiwanese law
  3. 3 Whether the sanction in the unless order takes effect automatically and requires the defaulting party to apply for relief

Ratio Decidendi

The 1st Defendant plainly failed to comply with the court's unless direction by producing expert reports that exceeded the confined issues directed by Master Ho; the specified sanction in the unless order therefore took effect and the 1st Defendant is debarred from adducing any expert evidence at trial unless it successfully applies for relief under Order 2, rule 4.

Court Disposition

Application granted; 1st Defendant debarred from adducing any expert evidence at trial

Orders

  • 1st Defendant debarred from adducing expert evidence at trial for non-compliance with Master Ho's unless order dated 1 September 2011
  • Order nisi that the 1st Defendant shall pay the plaintiffs' costs of this application forthwith with certificate for counsel, to be summarily assessed if not agreed