30 Apr 2019
NEWOCEAN PETROLEUM CO LTD v. RIO TINTO SHIPPING (ASIA) PTE. LTD
- Citation
- [2019] HKCA 485
- Court
- Court of Appeal
- Case number
- CACV122/2018
The Court of Appeal allowed the appeal because the plaintiff's pleaded cause of action was properly a tort claim for conversion (not a contractual claim), the plaintiff had demonstrated a good arguable case of conversion based on lack of permission and mixing/consumption allegations (including acts in Hong Kong), and the Judge erred in setting aside the Master's leave for material non-disclosure; the discretion was exercised afresh to dismiss the defendant's application to set aside service.