PETER PANG t/a KARTER APPLIANCE COMPANY AND ANOTHER v. WINDSOR INDUSTRIES INCORPORATION AND ANOTHER

PETER PANG t/a KARTER APPLIANCE COMPANY AND ANOTHER v. WINDSOR INDUSTRIES INCORPORATION AND ANOTHER

Plaintiffs failed to prove that the 1st Defendant was carrying on business at a fixed place in Hong Kong on 25-3-77; a hotel room used privately by the company's president during transient visits did not constitute a fixed place of business, therefore service on the president at that room did not amount to valid service on the company.

Citation
PETER PANG t/a KARTER APPLIANCE COMPANY AND ANOTHER v. WINDSOR INDUSTRIES INCORPORATION AND ANOTHER
Parties
1st Plaintiff: Peter PANG trading as Karter Appliance Company; 2nd Plaintiff: Eaca International Limited; 1st Defendant: Windsor Industries Incorporation; 2nd Defendant: Tamarac Industries Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 May 1977
Case Number
HCA729/1977
Procedural Posture
Civil Appeal / Appeal From Registrar's Order Setting Aside Service; Judgment in Chambers
Outcome
Appeal dismissed with costs; Registrar's order setting aside service affirmed
Legal Topics
Service of Writ, Jurisdiction Over Foreign Corporation, Fixed Place of Business, Hotel as Business Premises
Source Language
EN
Civil Procedure Company Law Service of Process Jurisdiction Service of Writ Jurisdiction Over Foreign Corporation Fixed Place of Business Hotel as Business Premises

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Parties

Peter PANG trading as Karter Appliance Company

1st Plaintiff

Eaca International Limited

2nd Plaintiff

Windsor Industries Incorporation

1st Defendant

Tamarac Industries Limited

2nd Defendant

Procedural Posture

Civil Appeal / Appeal From Registrar's Order Setting Aside Service; Judgment in Chambers

Legal Issues

  1. 1 Whether a foreign corporation was carrying on business at a fixed place in Hong Kong on 25-3-77 for purposes of valid service of writ
  2. 2 Whether a hotel room can constitute a fixed place of business of a foreign corporation
  3. 3 Whether periodic visits by officers amount to carrying on business at a fixed place

Ratio Decidendi

Plaintiffs failed to prove that the 1st Defendant was carrying on business at a fixed place in Hong Kong on 25-3-77; a hotel room used privately by the company's president during transient visits did not constitute a fixed place of business, therefore service on the president at that room did not amount to valid service on the company.

Court Disposition

Appeal dismissed with costs; Registrar's order setting aside service affirmed

Orders

  • Appeal dismissed with costs
  • Service of the writ on Morris Fink at Room 514 Peninsula Hotel on 25-3-77 remains set aside