HJ Heinz and Hugo Canning Company Ltd v Foods Pacific Ltd and Other Defendants

• Jurisdiction: Papua New Guinea
• Judge: Woods J
• Judgment Date: 14 June 1999
• Citation: (1999) N1867
• Court: National Court
• Year: 1999
• Judgement Number: N1867

National Court: Woods J

Judgment Delivered: 14 June 1999

N1867

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

WS 1261 OF 1998

H.J.HEINZ - First Plaintiff

HUGO CANNING COMPANY LTD - Second Plaintiff

-v-

FOODS PACIFIC LTD - First Defendant

& OTHER DEFENDANTS.

Waigani: Woods J

4, 14 June 1999

Practice and procedure - amendment of pleadings – leave - pleadings appear to be admissions – principles applicable - discretion of the court in amendment of pleadings - leave granted.

Case cited:

Cropper V Smith [1884] 26 Ch D. 700

P Young for the Plaintiffs

S O’Brien for the Defendants

14 June 1999

Woods J. The First Defendant has filed a Motion which seeks amongst other matters for leave to withdraw certain allegations pleaded in an amended statement of claim in the proceedings WS 1224 of 1998 which are now being consolidated into these proceedings and then to file an amended Defence and Cross-Claim in the consolidated proceedings. The pleadings sought to be withdrawn were as follows:

8. The Plaintiff has for many years carried on business in the Solomon Islands and other markets in which the Plaintiff and the defendant compete and has extensively promoted and supplied its corned meat products under and by reference to a trademark which comprises the word “Ox and Ford” and the representation of a particular Ox standing by an island in the background.

9. By reason of the matters pleaded aforesaid, a substantial number of persons seeking to acquire canned corned beef by reference to the said registered trademark, as used by the Defendant, will be or will be likely to be deceived into thinking, alternatively will be or will be likely to be caused to wonder...