TRANSOCEAN MARITIME GROUP HOLDINGS (HK) CO LTD AND OTHERS v. TRANSOCEAN MARITIME GROUP HOLDINGS CO LTD AND OTHERS

TRANSOCEAN MARITIME GROUP HOLDINGS (HK) CO LTD AND OTHERS v. TRANSOCEAN MARITIME GROUP HOLDINGS CO LTD AND OTHERS

Leave to appeal was refused because the judge had lawfully exercised his discretion, applying correct principles including that the place of the tort is only a starting point; the plaintiffs failed to show Hong Kong was clearly and distinctly the most appropriate forum and the contemplated appeal lacked reasonable...

Source-derived case information.

Citation
TRANSOCEAN MARITIME GROUP HOLDINGS (HK) CO LTD AND OTHERS v. TRANSOCEAN MARITIME GROUP HOLDINGS CO LTD AND OTHERS
Parties
1st Plaintiff: Transocean Maritime Group Holdings (HK) Co Ltd; 2nd Plaintiff: KMTC Holdings Co Ltd; 3rd Plaintiff: Wu Jun; 1st Defendant: Transocean Maritime Group Holdings Co Ltd; 2nd Defendant: KMTC Holdings (HK) Co Ltd; 3rd Defendant: Jiang Yan; 4th Defendant: Liu Qiang; 5th Defendant: Cai Ruifeng; 6th Defendant: Tao Jianyuan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 July 2012
Case Number
HCA2169/2011
Procedural Posture
Civil Action (forum Non Conveniens; Interlocutory Application Concerning Service and Leave to Appeal) / Decision on Application for Leave to Appeal (interlocutory)
Outcome
Application for leave to appeal dismissed with costs; order setting aside service of the Writ stands.
Legal Topics
Forum Non Conveniens, Leave to Appeal, Service of Writ, Exercise of Judicial Discretion, Place of Commission of Tort
Source Language
en
Civil Procedure Private International Law Appeals Forum Non Conveniens Leave to Appeal Service of Writ Exercise of Judicial Discretion Place of Commission of Tort

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Parties

Transocean Maritime Group Holdings (HK) Co Ltd

1st Plaintiff

KMTC Holdings Co Ltd

2nd Plaintiff

Wu Jun

3rd Plaintiff

Transocean Maritime Group Holdings Co Ltd

1st Defendant

KMTC Holdings (HK) Co Ltd

2nd Defendant

Jiang Yan

3rd Defendant

Liu Qiang

4th Defendant

Cai Ruifeng

5th Defendant

Tao Jianyuan

6th Defendant

Procedural Posture

Civil Action (forum Non Conveniens; Interlocutory Application Concerning Service and Leave to Appeal) / Decision on Application for Leave to Appeal (interlocutory)

Legal Issues

  1. 1 Whether leave to appeal should be granted against the order setting aside service of the Writ
  2. 2 Whether Hong Kong is clearly and distinctly the most appropriate forum for trial
  3. 3 Scope of appellate interference with a judge's exercise of discretion

Ratio Decidendi

Leave to appeal was refused because the judge had lawfully exercised his discretion, applying correct principles including that the place of the tort is only a starting point; the plaintiffs failed to show Hong Kong was clearly and distinctly the most appropriate forum and the contemplated appeal lacked reasonable prospects of success.

Court Disposition

Application for leave to appeal dismissed with costs; order setting aside service of the Writ stands.

Orders

  • Leave to appeal refused
  • Application dismissed with costs