- 34 A
B
A
The plaintiffs were unable to locate a physical presence of the Glamulet
operations in Hong Kong.
C
D
B
Qian said that the Glamulet business is
operated out of Shanghai but does not give an address in Shanghai. Qian
gives an address in Shenzhen as his address when making his affirmations
C
D
but does not say what he does in Shenzhen. As I have said, a paralegal of
E
Hogan Lovells’ Shanghai office attended D4’s offices on 7 December 2015
F
but was unable to find any signage suggesting that any of the defendants
E
F
was located at the addresses of D4.
G
H
G
143.
It was only in late October 2015 that the bank account of D2
H
was identified as set out in the affirmation of Humphreys. The Intellect
I
J
Test Purchases were completed in late November 2015 and the ex parte
orders were applied for shortly thereafter on 10 December 2015. The
I
J
applications were made ex parte as there was a need for secrecy to apply
K
K
for the Mareva order.
L
L
144.
M
N
Mr Clark relied on para 94 of my judgment in Pharmareg
M
where I said:
“94.
I would respectfully adopt what Eichelbaum J said in
Monsanto Co v Stauffer Chemical Co at p.571:
O
P
Q
R
S
T
N
O
Further, and without wishing to detract from the
proposition that equitable relief needs to be sought
promptly, it is not sufficient for a defendant to show that
the applicant has delayed unreasonably. It must be
shown that because of that delay, it would be
unreasonable to grant the remedy; that it has become
practically unjust to do so. As Megarry J said in: Legg v
Inner London Education Authority [1972] 1 WLR 1245:
What seems to me important is not so much the
length of the delay per se, but whether the delay has
in some ways made it unjust to grant the injunction
claimed. (pp.1259–1260).
P
Q
R
S
T
U
U
V
V
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