14 Dec 2020
UNION BANK OF INDIA v. GLORY UNIVERSAL GROUP INC AND OTHERS
- Citation
- [2020] HKCFI 3057
- Court
- Court of First Instance
- Case number
- HCA1218/2019
The court held the plaintiff established a good arguable case under Order 11(1)(e) (repayment to the plaintiff in Hong Kong via a New York nostro account constituted a breach committed in Hong Kong) and, alternatively, under 1(1)(d)(i); the asymmetric jurisdiction clause did not prevent the lender suing in Hong Kong; the plaintiff discharged the burden that Hong Kong was clearly the appropriate forum; service in India was irregular because it did not follow the method mandated under Indian procedure but was not positively unlawful and, given notice and lack of prejudice, the court cured the i…