Beecham Group Ltd v Bristol Myers Co And Others

Judgment Date13 January 1968
Judgement NumberCACV51/1967
Year1968
CourtCourt of Appeal (Hong Kong)
CACV000051/1967 BEECHAM GROUP LTD v. BRISTOL MYERS CO AND OTHERS

CACV000051/1967

IN THE SUPREME COURT OF HONG KONG

(Appellate Jurisdiction)

CIVIL APPEAL NO. 51 OF 1967.

(On Appeal from O.J. Action No. 828 of 1967)

BETWEEN
Beecham Group Limited Plaintiffs

AND

Bristol Myers Company 1st Defendant
Bristol Laboratories International Corporation 2nd Defendant
Shewan Tomes (Traders) Ltd. 3rd Defendant

Coram: W.A. Blair-Kerr, Puisne Judge

Date of Judgment: 13 January 1968

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JUDGMENT

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1. On 24th November 1967, Mills-Owens J. made an interim order that the defendants be restrained from selling, supplying etc. a certain drug until the trial of the action. The defendants are appealing to the Full Court from this decision and the appeal has been fixed for hearing on 19th/23rd February 1968.

2. This is an application by the plaintiffs (respondents) that the hearing of the appeal be postponed till the first week in April 1968. The reasons advanced in support of the application are these: that the subject matter of the action is highly complicated and technical and that the plaintiffs have briefed two English counsel who specialise in patent law; that these counsel made the application before Mills-Owens J. in November; that other actions between the parties involving the same subject matter have been or are being fought in other territories and these same two English counsel have been briefed to conduct proceedings in England and in Singapore; that it would be in the interests of justice that these two particular counsel should appear on the appeal to the Full Court in Hong Kong, but that they are unable to come to Hong Kong in February; that they are coming to Singapore to conduct proceedings...

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