31 Dec 2020
CHAN HON, THE ADMINISTRATOR OF THE ESTATE OF POON LAI MING, DECEASED v. BAYER HEALTHCARE LTD formerly known as BAYER DIAGNOSTICS LTD and formerly known as BAYER DIAGNOSTICS LTD and formerly known as CHIRON LTD and formerly known as CIBA CORNING DIAGNOSTICS (H.K.) LTD AND OTHERS
- Citation
- [2020] HKCA 1090
- Court
- Court of Appeal
- Case number
- CACV53/2020
The Court held that submission to jurisdiction requires wholly unequivocal conduct and the defendants' conduct was equivocal so they did not submit; the alleged omission of the Packing Insert caution/warning was not material to the jurisdictional discretion because it concerned merits and would not have misled the court into assuming jurisdiction; and the 2nd extension of the writ was valid because good reason existed given the complexity of the case and practical requirements of translation and service out — therefore the Service Out Order and the 2nd Extension Order were valid and the defen…