5 Nov 2020
AIR CHARTER SERVICE (HK) LTD v. 美拓国际物流(上海)有限公司 (also known as MEGA TRANSPORTER SHANGHAI CO., LTD.)
- Citation
- [2020] HKCFI 2863
- Court
- Court of First Instance
- Case number
- HCA974/2018
The summons for an unless order was refused because striking the defendant out for procedural default would be draconian and disproportionate in the circumstances; the pandemic and overseas status of the proposed representative warranted consideration, the claim is substantial but the trial is not complicated, and it is not unjust to require the plaintiff to prove its case at trial even if the defendant does not participate.