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

The court refused leave to re-amend the Defence and to admit late evidence relating to the Japanese magazine, Japanese packaging and the two newspaper advertisements because the applications were made very late with unsatisfactory explanations, the materials were in the defendants' possession or discoverable earlier, admission would unfairly prejudice and delay the plaintiffs and the relevance was marginal or collateral; the court granted limited leave to adduce the drawings TSK-2 and TSK-3 as they completed existing evidence and would not cause serious prejudice, subject to filing supplemental witness statements within 7 days.

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
HCMP74/2004
Procedural Posture
High Court Civil Trial: Copyright and Related Contractual Claims / Mid Trial Applications for Leave to Amend Pleadings and to Admit Late Evidence; Reasons for Ruling (21 August 2004)
Outcome
Applications partly dismissed and partly granted: leave to re-amend Defence and to adduce late evidence relating to the Japanese magazine, Japanese packaging and two newspaper advertisements refused; leave granted to adduce drawings TSK-2 and TSK-3 subject to conditions.
Legal Topics
Late Amendment of Defence, Admission of Late Evidence, Originality, Pleadings, Prejudice and Adjournment
Source Language
EN
Copyright Intellectual Property Civil Procedure Contracts Late Amendment of Defence Admission of Late Evidence Originality Pleadings +1 more

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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 Civil Trial: Copyright and Related Contractual Claims / Mid Trial Applications for Leave to Amend Pleadings and to Admit Late Evidence; Reasons for Ruling (21 August 2004)

Legal Issues

  1. 1 Whether to allow a late re-amendment of the Defence to add positive pleas challenging originality based on a Japanese magazine and Japanese packaging
  2. 2 Whether to admit late witness statements and documentary evidence served during trial
  3. 3 Whether to admit drawings TSK-2 and TSK-3 printed from stored computer files

Ratio Decidendi

The court refused leave to re-amend the Defence and to admit late evidence relating to the Japanese magazine, Japanese packaging and the two newspaper advertisements because the applications were made very late with unsatisfactory explanations, the materials were in the defendants' possession or discoverable earlier, admission would unfairly prejudice and delay the plaintiffs and the relevance was marginal or collateral; the court granted limited leave to adduce the drawings TSK-2 and TSK-3 as they completed existing evidence and would not cause serious prejudice, subject to filing supplemental witness statements within 7 days.

Court Disposition

Applications partly dismissed and partly granted: leave to re-amend Defence and to adduce late evidence relating to the Japanese magazine, Japanese packaging and two newspaper advertisements refused; leave granted to adduce drawings TSK-2 and TSK-3 subject to conditions.

Orders

  • Application for leave to re-re-amend the Defence to add pleas based on the Japanese magazine and Japanese packaging dismissed
  • Application for leave to adduce evidence 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 (save as to specified items)