Hong Kong Case Law: Decisions & Judgments

Topic

No serious issue to be tried

Legal area

Court

10 Nov 2017

CHINA BAOLI TECHNOLOGIES HOLDINGS LTD (formerly known as REX GLOBAL ENTERTAINMENT HOLDINGS LTD) v. ORIENT EQUAL INTERNATIONAL GROUP LTD AND OTHERS

Citation

CHINA BAOLI TECHNOLOGIES HOLDINGS LTD (formerly known as REX GLOBAL ENTERTAINMENT HOLDINGS LTD) v. ORIENT EQUAL INTERNATIONAL GROUP LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1399/2016

The application for leave to appeal was dismissed because SVK failed to demonstrate any error of law or a reasonable prospect of success; the judge's exercise of discretion on service out and injunctions fell within the proper ambit of case management and forum discretion and could not be successfully challenged on the grounds advanced by SVK, including the separability argument and the claim that no serious issue to be tried existed.
20 Nov 2008

RAJ KUMAR MAHAJAN v. HCL TECHNOLOGIES (HONG KONG) LTD AND OTHERS

Citation

RAJ KUMAR MAHAJAN v. HCL TECHNOLOGIES (HONG KONG) LTD AND OTHERS
Court

Court of Appeal
Case number

CACV46/2008

Order 11 must be read by reference to the action as a whole; an admission by the in‑jurisdiction defendant does not automatically bar the plaintiff from pursuing alternative defendants out of the jurisdiction; on the pleaded facts and documents the plaintiff demonstrated a serious issue to be tried as to the identity of the employer, so leave to serve out of jurisdiction was properly restored and the application to discharge the orders was properly dismissed.
20 Nov 2008

RAJ KUMAR MAHAJAN v. HCL TECHNOLOGIES (HONG KONG) LTD AND OTHERS

Citation

RAJ KUMAR MAHAJAN v. HCL TECHNOLOGIES (HONG KONG) LTD AND OTHERS
Court

Court of Appeal
Case number

CACV49/2008

Order 11 must be read by reference to the action as a whole; a local defendant's admission does not preclude the plaintiff pursuing alternative defendants and does not negate the need to consider whether there is a real issue to be tried against out‑of‑jurisdiction defendants; on the facts the plaintiff had shown a serious issue as to identity of employer so leave to serve out of jurisdiction was properly granted; the appeal is dismissed.

Hong Kong Case Law

CHINA BAOLI TECHNOLOGIES HOLDINGS LTD (formerly known as REX GLOBAL ENTERTAINMENT HOLDINGS LTD) v. ORIENT EQUAL INTERNATIONAL GROUP LTD AND OTHERS

RAJ KUMAR MAHAJAN v. HCL TECHNOLOGIES (HONG KONG) LTD AND OTHERS

RAJ KUMAR MAHAJAN v. HCL TECHNOLOGIES (HONG KONG) LTD AND OTHERS