Columbia Pictures Corporation Ltd v Wanda Kids Cultural Development Co., Ltd [2024] EWHC 2921 (Comm) (20 November 2024)

Columbia Pictures Corporation Ltd v Wanda Kids Cultural Development Co., Ltd [2024] EWHC 2921 (Comm) (20 November 2024)

Order 69 of the Hong Kong Rules of the High Court is not a mandatory or exhaustive regime for service of foreign process from Convention states. Section 827 of the Companies Ordinance permits service of foreign process by leaving documents at a company's registered office. The service effected by the Respondent was valid under Hong Kong law and the Hague Service Convention. The Application to set aside service fails.

Citation
[2024] EWHC 2921 (Comm)
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 / Application to Set Aside Service of Claim Documents for Invalid Service Under Hague Service Convention and Hong Kong Law
Outcome
Application dismissed
Legal Topics
Service of Process Abroad, Hague Service Convention, Interpretation of Hong Kong Procedural Law, Jurisdictional Challenges, Company Law—service at Registered Office
Civil Procedure Private International Law Commercial Law Service of Process Abroad Hague Service Convention Interpretation of Hong Kong Procedural Law Jurisdictional Challenges Company Law—service at Registered Office

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Parties

Columbia Pictures Corporation Ltd

Claimant/respondent

Wanda Kids Cultural Development Co., Ltd

Defendant/applicant

Procedural Posture

Commercial Court Application / Application to Set Aside Service of Claim Documents for Invalid Service Under Hague Service Convention and Hong Kong Law

Legal Issues

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

Ratio Decidendi

Order 69 of the Hong Kong Rules of the High Court is not a mandatory or exhaustive regime for service of foreign process from Convention states. Section 827 of the Companies Ordinance permits service of foreign process by leaving documents at a company's registered office. The service effected by the Respondent was valid under Hong Kong law and the Hague Service Convention. The Application to set aside service fails.

Court Disposition

Application dismissed

Orders

  • Application to declare service invalid is dismissed
  • Court will hear submissions on costs if not agreed