28 Oct 1983
ENGLISH SEWING LTD AND OTHERS v. EASTERN SHIPPING LINES, INC
- Citation
- ENGLISH SEWING LTD AND OTHERS v. EASTERN SHIPPING LINES, INC
- Court
- Court of First Instance
- Case number
- HCA996/1981
The plaintiffs failed to discharge the burden of proving the defendant had established a place of business in Hong Kong for service under Companies Ordinance s.338, so service within the jurisdiction was set aside; however the plaintiffs showed a good arguable case under Order 11 subparagraphs (f)(i)-(iii),(g),(h) (bills of lading signed in Hong Kong and unseaworthiness alleged), and on discretionary grounds (forum conveniens, no advanced Philippine proceedings, relevance of Hong Kong law) the court granted leave to serve the writ out of jurisdiction in the Philippines.