Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Determination of foreign law

Legal area

Court

29 Mar 2021

JOINT PROVISIONAL LIQUIDATORS OF CECEP COSTIN NEW MATERIALS GROUP LTD (IN PROVISIONAL LIQUIDATION) v. RSM NELSON WHEELER (a firm) AND ANOTHER

Citation

[2021] HKCFI 794
Court

Court of First Instance
Case number

HCMP1011/2019

The Court declined to make an order for production of audit working papers in Hong Kong and adjourned the application sine die because s286B did not apply and the decisive question—whether the Cayman Islands courts can order production of audit working papers—must be determined by the Cayman court; accordingly the JPL must pursue the matter in the Cayman Islands and return to Hong Kong if necessary; respondents must preserve documents pending that determination.
21 Jun 2012

VIDHYA NATIVIVAT AND OTHERS v. VITOON NATIVIVAT

Citation

VIDHYA NATIVIVAT AND OTHERS v. VITOON NATIVIVAT
Court

Court of First Instance
Case number

HCA1376/2011

Because there is a triable dispute as to the effect of the foreign (Thai) will and whether the plaintiffs held title as executors at death, and because foreign law is a question of fact, the court refused to strike out the claim or decide the matter under O14A and instead stayed the Hong Kong proceedings until probate in Thailand is obtained and a reasonable period after submission to the defendant for inspection; costs awarded to the plaintiffs for the two summonses.