7 Aug 2020
XU YING v. XU WEIHONG
- Citation
- [2020] HKCFI 1955
- Court
- Court of First Instance
- Case number
- HCA2650/2017
Leave for service out of jurisdiction was set aside because plaintiff failed to show a good arguable case of substantial publication in Hong Kong (so no real and substantial tort in jurisdiction), failed to plead or adduce sufficient evidence of pecuniary damage required for malicious falsehood under s.24 DO (no serious issue to be tried), Hong Kong is not clearly and distinctly the forum conveniens given evidence of Mainland publication, and the ex parte application contained deliberate material non-disclosures; accordingly leave was discharged and not re-granted.