Event and Time
Event Description
- Case Focus: Intellectual Property
- Hearing Dates: Scheduled for 15-19 May 2023
- Key Issue: The applicant intended to file expert evidence regarding the account of profits just one week before the hearing commenced.
Application and Claims
- The applicant sought to file additional expert evidence a week prior to the hearing, which they believed was necessary for their case regarding the account of profits.
- The respondents opposed the late introduction of this evidence, arguing it would not allow sufficient time to prepare a proper response and potentially prejudice their case.
Judicial Decisions
- The court confirmed that the scheduled hearing would proceed as planned without rescheduling, but allowed for evidence concerning the account of profits to be presented at a later time.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- The need for expert evidence to accurately present an account of profits. - Argued that the evidence is crucial for the determination of their claims under intellectual property law.
- Respondents' Arguments:
- Contended that the late introduction of expert evidence would not allow them adequate time to respond, potentially harming their interests. - Called for the hearing to be vacated or postponed to ensure a fair opportunity to contest the new evidence.
- Court's Reasoning Logic:
- Considered the balance between procedural fairness and the necessity of allowing the hearing to proceed efficiently. - Acknowledged the established rules that permit the court to receive late evidence under certain circumstances.