Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Order 11 rule 1 gateways
  • 16 Sept 2025

    CHEN YUE v. ARTHUR KUAN AND OTHERS

    Citation
    [2025] HKCFI 4172
    Court
    Court of First Instance
    Case number
    HCMP550/2024

    An application for pre-action discovery qualifies as a 'claim' under Order 11 rule 1; however the Plaintiff failed to establish a good arguable case under the Contract Gateway for both investments, failed to establish the Tort Gateway as to the 2nd Defendant, and although there was a good arguable case under the Tort Gateway as to the 3rd Defendant, the Court should not exercise jurisdiction on forum non conveniens grounds; material non-disclosure at the ex parte stage further required setting aside the service-out order; accordingly leave to serve out and service are set aside and jurisdicti…