Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Prima facie assessment

Legal area

Court

27 Jun 2022

CHEUNG KA FAI v. FONG CHOW WO t/a SHING CHEONG RESTAURANT AND OTHERS

Citation

[2022] HKDC 605
Court

District Court
Case number

DCEC859/2019

Applicant provided a reasonable explanation for delay (discovery of Lau's evidence after exchange of witness statements and statutory legal aid stay) and the intended claim against Chan was not shown to be bound to fail at interlocutory stage; because the court must avoid a mini‑trial and factual disputes (credibility of Lau, effect of undertakings) require full hearing, leave to join Chan out of time was appropriate and necessary to resolve alleged joint liability at trial.
28 Jul 1989

RE PRINCE MANUFACTURING INC.

Citation

RE PRINCE MANUFACTURING INC.
Court

Court of First Instance
Case number

HCMP1291/1989

Fresh evidence filed on appeal was inadmissible; absent evidence of use the mark must be assessed prima facie; the mark comprised common, non-distinctive elements and as a whole was not inherently adapted to distinguish the appellant's goods; the Registrar properly exercised his discretion and the appeal must be dismissed.