26 May 2022
PUSAN NEWPORT CO., LTD v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIPS OR VESSELS “MILANO BRIDGE” AND “CMA CGM MUSCA” AND “CMA CGM HYDRA”
- Citation
- [2022] HKCA 749
- Court
- Court of Appeal
- Case number
- CACV496/2021
The court refused leave to appeal and held that although Hong Kong's higher tonnage limitation is a legitimate juridical advantage, on a full Spiliada Stage 3 balancing of advantages and disadvantages (including connecting factors and other circumstances) substantial justice would be done in the clearly more appropriate forum (South Korea), and accordingly the stay should be maintained; the application to refer questions to the CFA was dismissed and costs were awarded to the defendants.