INTERPROCOM LTD v. SILVER WINGS TRADING CO LTD

INTERPROCOM LTD v. SILVER WINGS TRADING CO LTD

The court exercised its case management power to allow the late applications because expert evidence on genuineness was material to the central issue, the defendant demonstrated exceptional circumstances and best endeavours to obtain the evidence only recently, and the judge was satisfied that allowing the applications would not cause prejudice to the plaintiff; consequential timetable variations were ordered and costs awarded to the plaintiff for wasted costs.

Citation
INTERPROCOM LTD v. SILVER WINGS TRADING CO LTD
Parties
Plaintiff: INTERPROCOM LIMITED; Defendant: SILVER WINGS TRADING CO, LTD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
25 November 2016
Case Number
DCCJ4383/2012
Procedural Posture
District Court Civil Action / Interlocutory Application (pre Trial)
Outcome
Defendant's applications granted; trial dates vacated; costs awarded to plaintiff for the applications.
Legal Topics
Expert Evidence, Case Management, Trial Adjournment, Amendment of Pleadings, Costs, Late Applications
Source Language
EN
Civil Procedure Evidence Intellectual Property (counterfeiting) Disclosure and Document Inspection Expert Evidence Case Management Trial Adjournment Amendment of Pleadings +2 more

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Parties

INTERPROCOM LIMITED

Plaintiff

SILVER WINGS TRADING CO, LTD

Defendant

Procedural Posture

District Court Civil Action / Interlocutory Application (pre Trial)

Legal Issues

  1. 1 Whether to allow late application to adduce expert evidence on genuineness of watches
  2. 2 Whether to allow late supplemental lists of documents and witness statements
  3. 3 Whether to permit amendment of defence and counterclaim at the eleventh hour

Ratio Decidendi

The court exercised its case management power to allow the late applications because expert evidence on genuineness was material to the central issue, the defendant demonstrated exceptional circumstances and best endeavours to obtain the evidence only recently, and the judge was satisfied that allowing the applications would not cause prejudice to the plaintiff; consequential timetable variations were ordered and costs awarded to the plaintiff for wasted costs.

Court Disposition

Defendant's applications granted; trial dates vacated; costs awarded to plaintiff for the applications.

Orders

  • Leave for defendant to file and serve a supplemental List of Documents, a 2nd supplemental List of Documents and a 3rd supplemental List of Documents on or before 30 November 2016, with inspection of documents within 7 days thereafter
  • Leave for defendant to file and serve supplemental witness statements dealing with matters arising out of the 3 supplemental Lists of Documents on or before 2 December 2016