Case Document

100%Judiciary

CACV 53/2020

[2020] HKCA 1090

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 53 OF 2020

(ON APPEAL FROM HCPI NO. 32 OF 2016)

________________________

BETWEEN

	CHAN HON, THE ADMINISTRATOR OF THE ESTATE OF POON LAI MING, DECEASED	Plaintiff
	and
	BAYER HEALTHCARE LIMITED (拜耳醫療保健有限公司) formerly known as BAYER DIAGNOSTICS LIMITED (拜耳診斷產品有限公司) and formerly known as BAYER DIAGNOSTICS LIMITED and formerly known as CHIRON LIMITED (康仁(香港)有限公司) and formerly known as CIBA CORNING DIAGNOSTICS (H.K.) LIMITED (汽巴康寧(香港)有限公司)	1^st Defendant
	BAYER WEIMAR GMBH UND CO. KG (formerly known as SCHERING GMBH UND CO. PRODUKTIONS KG, WEIMAR and formerly known as GEHE MEDICA PRODUKTIONSGESELLSCHAFT MBH & CO., KG, WEIMAR)	2^nd Defendant
	BAYER PHARMA AKTIENGESELLSCHAFT (formerly known as BAYER SCHERING PHARMA AKTIENGESELLSCHAFT, BERLIN and formerly known as SCHERING AKTIENGESELLSCHAFT, BERLIN)	3^rd Defendant

________________________

Before :

Hon Lam VP and Cheung JA in Court

Date of Corrigendum :

1 February 2021

________________________

C O R R I G E N D U M

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The following parts of the Judgment dated 31 December 2020 are to be corrected and read as follows :-

1.At page 34 :-

“ 5.27 Two reasons were advanced by the plaintiff for the second extension. First, the concurrent writ of summons with the general endorsement on the writ was required to be translated into German for the purpose of service out and the approval of the Director of Legal Aid was required before this task could be undertaken. Second, it would take time to serve the concurrent writ of summons outside jurisdiction. The estimated time for this process was four to five months.”

2.At page 36 :-

“5.32 The procedural timeframe of this case must be considered in such a context. Even if, for the purpose of argument, the translation of the concurrent writ of summons should be obtained earlier and the concurrent writ of summons together with the translation could be supplied to the High Court Registry …”

Dated this 1^st day of February 2021