Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Extension of writs

Legal area

Court

9 Feb 2007

MIRUVOR LTD v. PANAMA-GLOBE STEAMER LINES S.A. AND OTHERS

Citation

MIRUVOR LTD v. PANAMA-GLOBE STEAMER LINES S.A. AND OTHERS
Court

Court of Appeal
Case number

CACV226/2006

Filing a defence that expressly reserves the defendant's right to challenge jurisdiction does not of itself constitute a submission to jurisdiction or waiver; Order 12 rule 8 must be applied by asking whether the defendant's conduct was unequivocal acceptance of jurisdiction, and here it was not, so the defendant's jurisdictional challenge was not barred and the appeal succeeds.
9 Feb 2007

MIRUVOR LTD v. PANAMA-GLOBE STEAMER LINES S.A. AND OTHERS

Citation

MIRUVOR LTD v. PANAMA-GLOBE STEAMER LINES S.A. AND OTHERS
Court

Court of Appeal
Case number

CACV225/2006

The Court of Appeal held that filing defences which expressly reserved a challenge to jurisdiction did not, on the facts, constitute a submission to jurisdiction; Order 12 r 8 is not a complete code and conduct must be wholly unequivocal to amount to waiver. The appeal was allowed on that point; the judge's view that the extensions of writs ought not to have been granted and that delay caused prejudice was not disturbed; costs ordered nisi to the 3rd defendant.