8 Nov 2022
RE GUY KWOK HUNG LAM
- Citation
- [2022] HKCA 1683
- Court
- Court of Appeal
- Case number
- CACV393/2021
The Court of Appeal held that the question whether and how an Exclusive Jurisdiction Clause should affect the Hong Kong court’s handling of an insolvency petition where the debt is disputed is a question of law of general importance; the EJC is engaged by such a petition and is relevant to the court's discretion, and leave to appeal to the Court of Final Appeal should be granted to resolve whether, as a general rule, petitions should ordinarily be stayed or dismissed pending determination in the agreed foreign forum unless strong reasons exist to the contrary.