CASPIAN RESOURCES DEVELOPMENT PTE LTD v. FORTUNE OIL PLC AND OTHERS
The appeal is allowed: the default rule on foreign law did not apply because Singapore law was not pleaded; the relevant parts of the Hong Kong Companies Ordinance are domestic and do not automatically bar continuation of taxation against a foreign company struck off abroad; the exercise of judicial discretion...
Source-derived case information.
- Citation
- CASPIAN RESOURCES DEVELOPMENT PTE LTD v. FORTUNE OIL PLC AND OTHERS
- Parties
- Plaintiff: Caspian Resources Development Pte Limited; 1st Defendant: Fortune Oil Plc; 2nd Defendant: Giant Global Development Limited; 3rd Defendant: George Howard Richmond (also known as Giorgi Mgaloblishvili)
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 13 October 2015
- Case Number
- HCA605/2012
- Procedural Posture
- Civil Taxation of Costs and Company Deregistration Issue / Appeal From Master's Decision
- Outcome
- Appeal allowed
- Legal Topics
- Deregistration/striking Off, Restoration of Company, Default Rule on Foreign Law, Security for Costs, Taxation of Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Caspian Resources Development Pte Limited
Plaintiff
Fortune Oil Plc
1st Defendant
Giant Global Development Limited
2nd Defendant
George Howard Richmond (also known as Giorgi Mgaloblishvili)
3rd Defendant
Procedural Posture
Civil Taxation of Costs and Company Deregistration Issue / Appeal From Master's Decision
Legal Issues
- 1 Whether court may proceed with taxation against a foreign company struck off the register without restoration
- 2 Whether the court should exercise its discretion to stay proceedings or enter judgment despite deregistration
- 3 Whether the default rule (presuming foreign law equals lex fori when foreign law not proved) applies where foreign law is not pleaded
Ratio Decidendi
The appeal is allowed: the default rule on foreign law did not apply because Singapore law was not pleaded; the relevant parts of the Hong Kong Companies Ordinance are domestic and do not automatically bar continuation of taxation against a foreign company struck off abroad; the exercise of judicial discretion favored permitting the defendants to proceed with taxation and related applications rather than requiring restoration in Singapore given the plaintiff's conduct and the inutilty and cost of requiring restoration.
Court Disposition
Appeal allowed
Orders
- Leave to appeal out of time granted
- Taxation proceedings and all incidental applications are permitted to be carried on
Full Case Text
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