5 Feb 1988
DEAK PERERA FAR EAST LTD v. R LESLIE DEAK AND OTHERS
- Citation
- DEAK PERERA FAR EAST LTD v. R LESLIE DEAK AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2951/1987
Although the 7th Defendant could be a 'proper' party under r.1(c), the court must exercise its discretion under r.4(2) applying the forum non conveniens principles from Spiliada; the plaintiff did not show Hong Kong was clearly the appropriate forum for the 7th Defendant's claim (including a US banker-customer contract and locus of events), so leave to serve out was unjustified and was set aside; the 7th Defendant's solicitors' letter seeking inspection did not constitute a step abandoning its right to challenge jurisdiction.