China Metal Recycling (Holdings) Ltd v Wai & Ors

China Metal Recycling (Holdings) Ltd v Wai & Ors

The court found that there is a serious issue to be tried, the relevant gateways for service out are satisfied, and England is the appropriate forum given the location of the property and the nature of the claim. Alternative service is appropriate for the first defendant.

Parties
Claimant/applicant: China Metal Recycling (Holdings) Limited (in compulsory liquidation); Claimant/applicant: China Steel (Macao Commercial Offshore) Limited (in compulsory liquidation); Defendant/respondent: Chun Chi Wai; Defendant/respondent: Wellrun Limited; Defendant/respondent: Lai Wun Yin; Defendant/respondent: Chun Hei Man (also known as Judy Chun); Defendant/respondent: Chun Sin Wa (also known as Kristy Chun); Defendant/respondent: Chun Ka Man (also known as Carmen Chun)
Jurisdiction
England and Wales
Judgment Date
05 February 2020
Procedural Posture
Civil / Application for Service Out of Jurisdiction and Alternative Service
Outcome
application granted
Legal Topics
Service Out of Jurisdiction, Alternative Service, Proprietary Claims, Fraudulent Transfers, Forum Conveniens
Civil Procedure Insolvency Property Law Service Out of Jurisdiction Alternative Service Proprietary Claims Fraudulent Transfers Forum Conveniens

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Parties

China Metal Recycling (Holdings) Limited (in compulsory liquidation)

Claimant/applicant

China Steel (Macao Commercial Offshore) Limited (in compulsory liquidation)

Claimant/applicant

Chun Chi Wai

Defendant/respondent

Wellrun Limited

Defendant/respondent

Lai Wun Yin

Defendant/respondent

Chun Hei Man (also known as Judy Chun)

Defendant/respondent

Chun Sin Wa (also known as Kristy Chun)

Defendant/respondent

Chun Ka Man (also known as Carmen Chun)

Defendant/respondent

Procedural Posture

Civil / Application for Service Out of Jurisdiction and Alternative Service

Legal Issues

  1. 1 Whether the claimants can serve the claim form out of the jurisdiction on the first to third defendants
  2. 2 Whether the requirements for service out under CPR Practice Direction 6B are met
  3. 3 Whether England is the appropriate forum for the proceedings

Ratio Decidendi

The court found that there is a serious issue to be tried, the relevant gateways for service out are satisfied, and England is the appropriate forum given the location of the property and the nature of the claim. Alternative service is appropriate for the first defendant.

Court Disposition

application granted

Orders

  • Permission for service out of the jurisdiction granted against the first to third defendants
  • Alternative service against the first defendant ordered