HISHINUMA MACHERY CO LTD AND ANOTHER v. MINI DIECAST MACHINE LTD AND ANOTHER

HISHINUMA MACHERY CO LTD AND ANOTHER v. MINI DIECAST MACHINE LTD AND ANOTHER

Applying the post‑CJR Hytec approach and considering the individual circumstances including solicitor error, the absence of prejudice to the plaintiffs and the sufficiency of the explanations on affidavit, the court exercised its discretion to grant relief from the sanction and ordered exchange of witness statements within seven days; costs were left by agreement as no order.

Citation
HISHINUMA MACHERY CO LTD AND ANOTHER v. MINI DIECAST MACHINE LTD AND ANOTHER
Parties
1st Plaintiff: Hishinuma Machery Co. Ltd.; 2nd Plaintiff: Hishinuma (Hong Kong) Limited; 1st Defendant: Mini Diecast Machine Limited; 2nd Defendant: Chen Junhong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 May 2015
Case Number
HCA236/2013
Procedural Posture
Civil Passing Off and Conspiracy / Interlocutory Application for Relief From Sanction Under O.2 Rr.4 5
Outcome
Extension of time granted to exchange witness statements within 7 days; no order as to costs.
Legal Topics
Unless Order, Relief From Sanction, Extension of Time, Proportionality, Costs
Source Language
EN
Civil Procedure Intellectual Property Case Management Unless Order Relief From Sanction Extension of Time Proportionality Costs

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Parties

Hishinuma Machery Co. Ltd.

1st Plaintiff

Hishinuma (Hong Kong) Limited

2nd Plaintiff

Mini Diecast Machine Limited

1st Defendant

Chen Junhong

2nd Defendant

Procedural Posture

Civil Passing Off and Conspiracy / Interlocutory Application for Relief From Sanction Under O.2 Rr.4 5

Legal Issues

  1. 1 Whether the court has jurisdiction to entertain an out of time application under O.2 r.4
  2. 2 The appropriate legal test for relief from sanction after the CJR (intentional contumelious default versus broader Hytec approach)
  3. 3 Whether solicitor negligence absolves the client from sanctions

Ratio Decidendi

Applying the post‑CJR Hytec approach and considering the individual circumstances including solicitor error, the absence of prejudice to the plaintiffs and the sufficiency of the explanations on affidavit, the court exercised its discretion to grant relief from the sanction and ordered exchange of witness statements within seven days; costs were left by agreement as no order.

Court Disposition

Extension of time granted to exchange witness statements within 7 days; no order as to costs.

Orders

  • Time be extended to the parties to exchange the witness statements within 7 days from the date hereof
  • There be no order as to costs