15 Feb 2005
THE HONG KONG HOUSING AUTHORITY v. HSIN YIEH ARCHITECTS & ASSOCIATES LTD AND OTHERS
- Citation
- THE HONG KONG HOUSING AUTHORITY v. HSIN YIEH ARCHITECTS & ASSOCIATES LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCCT39/2001
Leave to serve the Authority's costs summons on AXA in Germany was properly granted and should not be set aside: in ongoing proceedings Order 11 r.9(4)/(5) permits service of such a summons and does not rigidly require a pleaded cause of action against the foreign person; AXA in substance was participating in the litigation by funding and directing B+B's defence and could properly be treated as a party or joined; service under Hong Kong lex fori was valid and any German formalities could be remedied by Hague service steps; discretionary setting aside was unwarranted as no material prejudice s…