30 Aug 2011
SINGAMAS MANAGEMENT SERVICES LTD v. AXIS INTERMODAL (UK) LTD t/a SEAAXIS
- Citation
- SINGAMAS MANAGEMENT SERVICES LTD v. AXIS INTERMODAL (UK) LTD t/a SEAAXIS
- Court
- Court of First Instance
- Case number
- HCA228/2010
The plaintiff failed to prove that Axis Intermodal (UK) Ltd had established a place of business in Hong Kong at the Hong Kong address. The evidence showed the Hong Kong address belonged to the holding company, which acted as agent; the employee relied upon was employed by the holding company and lacked authority to bind the defendant; contracts were concluded and signed in the UK; and the website and name card were insufficient to establish a local habitation of the defendant. Therefore service under section 338(2) was irregular and the master correctly set aside the default judgment and serv…