11 Dec 1991
YEE SANG METAL AND BUILDING SUPPLIES CO. LTD. v. TAIYO MARITIME S.A.
- Citation
- YEE SANG METAL AND BUILDING SUPPLIES CO. LTD. v. TAIYO MARITIME S.A.
- Court
- Court of Appeal
- Case number
- CACV122/1991
The Court of Appeal held the judge below erred in law by not applying the 'good arguable case' test correctly and by deciding the primary factual issue on the affidavits; given the commercial significance of the bills of lading, the coincidences and lack of satisfactory explanation, the plaintiffs had shown a case sufficiently strong to satisfy the qualifying conditions for service out under Ord. 11, so the appeal was allowed and further submissions were to be heard as to the precise orders to be made.