Chi Wing and Another t/a Singapore Medicine Co. v. Bensunville Ltd.

HCMP002026/1998

HCMP 2026/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 2026 OF 1998

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Coram: The Hon. Madam Justice Yuen in Chambers

Date of Hearing: 24 November 1999

Date of delivery of ruling: 24 November 1999

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R U L I N G

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1. This is an application by the Respondent in trademark proceedings for leave to file some further affirmations. These affirmations are sought to be filed in answer to the 2nd affirmation of Madam Law Oi Ying.

2. Although the 2nd affirmation of Madam Law Oi Ying is said to be in reply, there are some substantial and new facts raised, albeit by way of reply. Where a number of factual matters are in dispute between the parties, as in this case, and where the credibility of such deponents is at stake, it may be counsel of perfection and may be unjust to expect the Respondent to be able to put in all relevant evidence in just one affirmation.

3. Therefore, I would be prepared to give leave to the Respondent to file the affirmation of Law Yan Wai (in its expurgated form as indicated by Mr. Ling) and I would also give leave to file the whole of the affirmation of Miss Lai and Miss Kei in the present form.

4. In view of the substantial dispute between the parties, I would also make an order for discovery by both parties on oath within 14 days. I would now hear Mr. Tun as to whether he wishes to have leave to file any further affirmations in reply to this round of affirmations from the Respondent and on costs.

Representation:

Mr. Billy Tun of M/s. Robin Bridge & John Liu for Applicant

Mr. Ling Chun Wai instructed by M/s. Benny Kong & Co. for Respondent