Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Severance of claims

  • 9 Jun 2014

    AMED HOLDING (HONG KONG) LTD v. WONG SY KEE AND OTHERS

    Citation
    AMED HOLDING (HONG KONG) LTD v. WONG SY KEE AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA1879/2012

    The application to stay the counterclaim was dismissed because the counterclaim is not properly severable from the Main Action given the common underlying factual background (notably the disputed intention of Father and the shares in AMED HK), the Main Action concerns Hong Kong land and will be heard in Hong Kong, and the Applicants failed to show the Malaysian court was clearly or distinctly a more appropriate forum; substantial justice can be achieved in Hong Kong.

  • 28 Jan 1987

    J AND L MEDICAL AND SCIENTIFIC CO. LTD. v. LKB-PRODUKTER AB

    Citation
    J AND L MEDICAL AND SCIENTIFIC CO. LTD. v. LKB-PRODUKTER AB
    Court
    Court of First Instance
    Case number
    HCA5804/1986

    Claims relating to termination or modification of the distributorship are disputes arising in connection with the original agreement and fall within the arbitration clause; other claims (notably certain rental and services/invoice claims) are not sufficiently connected to the original distributorship agreement to be subject to arbitration; under mandatory section 6A the court must stay proceedings insofar as they relate to arbitrable matters and, because some pleaded claims mix arbitrable and non-arbitrable elements and are not presently severable, the plaintiff must be given an opportunity t…