Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Forum conveniens (spiliada)

Legal area

Court

23 Jun 2025

PEKING UNIVERSITY RESOURCES (HOLDINGS) COMPANY LTD v. PEKING UNIVERSITY RESOURCES GROUP CO., LTD AND OTHERS

Citation

[2025] HKCFI 2642
Court

Court of First Instance
Case number

HCA1470/2022

The plaintiff failed to establish serious issues to be tried because the principal claims are barred by the rule against reflective loss, none of the gateways under Order 11 r.1 apply, Hong Kong is not the appropriate forum (Beijing No 1 Intermediate People’s Court is clearly more appropriate), and material non-disclosure in the plaintiff's ex parte leave application justified setting aside the leave; accordingly the appeal is dismissed and leave to serve out is not re-granted.
21 Sept 2021

XU YING v. XU WEIHONG

Citation

[2021] HKCA 1416
Court

Court of Appeal
Case number

CAMP216/2020

The Court allowed the appeal and exercised the discretion afresh: it held there was a good arguable case that a real and substantial tort of defamation occurred in Hong Kong (publication to LOCPG and associated persons and the plaintiff's reputation and activities in Hong Kong), Hong Kong is the appropriate forum for the defamation and related injunctive relief under Order 11 r.1(1)(b), the malicious falsehood claim failed to plead particular probable pecuniary loss under s.24 DO and thus leave to serve out is granted only in respect of the defamation claim and the injunctive relief, and the…