29 Jun 2011
PACIFIC CHINA HOLDINGS LTD (In Liquidation) v. GRAND PACIFIC HOLDINGS LTD
- Citation
- PACIFIC CHINA HOLDINGS LTD (In Liquidation) v. GRAND PACIFIC HOLDINGS LTD
- Court
- Court of First Instance
- Case number
- HCCT15/2010
The Tribunal committed multiple procedural violations: (i) it altered the agreed simultaneous exchange of pre-hearing submissions so GPH could see PCH's 'best case' first; (ii) it refused to consider or admit certain additional Taiwanese authorities; and (iii) it denied PCH an opportunity to reply to GPH's new substantive Hong Kong law submissions and then relied on authorities not shared. Each violation meant PCH was unable to present its case under Article 34(2)(a)(ii) and (iv), and the court could not exclude the possibility that the outcome might have been different; accordingly the discr…