Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Foreign law as expert evidence
  • 20 Jan 2012

    GO WIRELESS LTD AND OTHERS v. SIMERAY JANNICK FACQUES AND OTHERS)

    Citation
    GO WIRELESS LTD AND OTHERS v. SIMERAY JANNICK FACQUES AND OTHERS)
    Court
    Court of First Instance
    Case number
    HCA1480/2010

    The appeal was dismissed because the proposed joinder of defendants alleged only unauthorised sublicensing and infringement which depended on the prior determination of whether the 1st plaintiff had been granted an exclusive worldwide licence by the appellant; therefore the infringement claims should await resolution of the ownership/licence issue and were not properly joined under O.15 r.3. The forgery allegation did not amount to a proper cause of action for joinder, and French law could not be relied on without leave to adduce expert evidence; joinder would also cause delay and disrupt the…