Columbia Pictures Corporation LTD v Wanda Kids Cultural Development Co, LTD

Columbia Pictures Corporation LTD v Wanda Kids Cultural Development Co, LTD

Service of English court documents on the defendant by leaving them at its registered office in Hong Kong was valid under Hong Kong law, as Order 69 is not an exclusive or mandatory regime for service of foreign process from Convention states, and Section 827 permits such informal service. The Hague Service Convention does not preclude this method, and Hong Kong's declarations and practice support the validity of informal service by agents or solicitors.

Parties
Claimant/respondent: Columbia Pictures Corporation Ltd; Defendant/applicant: Wanda Kids Cultural Development Co., Ltd
Jurisdiction
England and Wales
Judgment Date
20 November 2024
Procedural Posture
Commercial Court Application / Ruling on Application to Declare Service Invalid
Outcome
Application dismissed
Legal Topics
Service of Process, Hague Service Convention, Foreign Law Evidence, Interpretation of Procedural Rules
Civil Procedure Private International Law Commercial Law Service of Process Hague Service Convention Foreign Law Evidence Interpretation of Procedural Rules

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Parties

Columbia Pictures Corporation Ltd

Claimant/respondent

Wanda Kids Cultural Development Co., Ltd

Defendant/applicant

Procedural Posture

Commercial Court Application / Ruling on Application to Declare Service Invalid

Legal Issues

  1. 1 Whether service of English court documents on a Hong Kong company by leaving them at its registered office is valid under Hong Kong law and the Hague Service Convention
  2. 2 Whether Order 69 of Hong Kong's Rules of the High Court is a mandatory and exclusive regime for service of foreign process from Convention states
  3. 3 Whether Section 827 of Hong Kong's Companies Ordinance permits informal service of foreign process

Ratio Decidendi

Service of English court documents on the defendant by leaving them at its registered office in Hong Kong was valid under Hong Kong law, as Order 69 is not an exclusive or mandatory regime for service of foreign process from Convention states, and Section 827 permits such informal service. The Hague Service Convention does not preclude this method, and Hong Kong's declarations and practice support the validity of informal service by agents or solicitors.

Court Disposition

Application dismissed

Orders

  • Application for declaration that service was invalid is dismissed
  • Court will hear submissions on costs if parties cannot agree