9 Mar 2009
BANK OF CHINA (HONG KONG) LTD v. ALL WORLD INTERNATIONAL LTD AND OTHERS
- Citation
- BANK OF CHINA (HONG KONG) LTD v. ALL WORLD INTERNATIONAL LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV306/2008
The Court of Appeal held that orders dispensing with service of expired writs in respect of a defendant residing outside Hong Kong were wrongly made because no leave to serve out had been obtained and the court will not validate lapsed or irregular out-of-jurisdiction service by dispensing with service; accordingly Chu J's orders dispensing with service were set aside, service of the writs was set aside, and the Bank must seek appropriate leave and protective measures before serving the Appellant out of the jurisdiction.