WANG QIAN WEI v. 郭文雨 AND ANOTHER

WANG QIAN WEI v. 郭文雨 AND ANOTHER

The court held that (1) the plaintiff as assignee is a judgment creditor within the Ordinance and may rely on the choice of Mainland court clause confirmed in the 2nd Agreement and the Judgment; (2) on proper construction applying Hong Kong law in absence of PRC law evidence Clause 8 confers exclusive jurisdiction...

Source-derived case information.

Citation
[2018] HKCFI 2253
Parties
Plaintiff: WANG QIAN WEI; 1st Defendant: 郭文雨; 2nd Defendant: 郭小琼
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 October 2018
Case Number
HCMP2700/2017
Procedural Posture
Registration of Mainland Judgment Under Mainland Judgments (reciprocal Enforcement) Ordinance, Cap 597 / Hearing and Judgment at First Instance (court of First Instance)
Outcome
Originating summons granted; Mainland judgment ordered registered in the High Court; costs order nisi against the 1st Defendant
Legal Topics
Registration of Mainland Judgment, Choice of Court Clause, Finality of Judgment, Assignee Rights, Exclusive Jurisdiction
Source Language
en
Civil Procedure Contract Law Private International Law Enforcement of Foreign Judgments Registration of Mainland Judgment Choice of Court Clause Finality of Judgment Assignee Rights +1 more

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Parties

WANG QIAN WEI

Plaintiff

郭文雨

1st Defendant

郭小琼

2nd Defendant

Procedural Posture

Registration of Mainland Judgment Under Mainland Judgments (reciprocal Enforcement) Ordinance, Cap 597 / Hearing and Judgment at First Instance (court of First Instance)

Legal Issues

  1. 1 Whether an assignee judgment creditor may rely on a choice of Mainland court agreement in the specified contract for registration under the Ordinance
  2. 2 Whether Clause 8 of the 2nd Agreement constitutes an exclusive jurisdiction clause conferring jurisdiction on Mainland courts
  3. 3 Whether the Mainland judgment is final and conclusive for purposes of registration under the Ordinance

Ratio Decidendi

The court held that (1) the plaintiff as assignee is a judgment creditor within the Ordinance and may rely on the choice of Mainland court clause confirmed in the 2nd Agreement and the Judgment; (2) on proper construction applying Hong Kong law in absence of PRC law evidence Clause 8 confers exclusive jurisdiction on the People's Court in Xiamen; and (3) the Mainland judgment is final and conclusive under s6(1)(b)(ii) having passed the appeal period and following dismissal of the retrial, therefore the originating summons to register the Mainland judgment succeeds.

Court Disposition

Originating summons granted; Mainland judgment ordered registered in the High Court; costs order nisi against the 1st Defendant

Orders

  • Register the Mainland judgment dated 15 September 2015 as a judgment of the High Court of the Hong Kong Special Administrative Region in terms of paragraphs 1 and 2 of the Originating Summons dated 13 December 2017
  • Costs order nisi: all costs, including the costs of the 1st Defendant's summons dated 11 September 2018, to be paid by the 1st Defendant to the Plaintiff forthwith on a party to party basis, to be taxed if not agreed