Hong Kong Case Law: Decisions & Judgments

Topic

Stay of foreign proceedings

Legal area

Court

7 Aug 2008

INDIAN CORRIDOR SDN BHD AND ANOTHER v. CHINA IDEA DEVELOPMENT LTD AND OTHERS

Citation

INDIAN CORRIDOR SDN BHD AND ANOTHER v. CHINA IDEA DEVELOPMENT LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1/2008

Court declined to order costs against the plaintiffs for delayed payment into court because solicitors' conduct was not wrongful; refused to increase the Hong Kong asset embargo from $20m to $87.5m as academic given no further assets in Hong Kong; extended the anti-suit injunction to restrain the parts of the Malaysian Originating Summons seeking the same declaration on the Management Agreement as this action; dismissed the strike out application because the plaintiffs' defence attacking the Management Agreement was at least fairly arguable and relevant to causation and therefore should be de…
11 Jun 1984

HUI KAO CHU v. WU CHI CHENG

Citation

HUI KAO CHU v. WU CHI CHENG
Court

Court of First Instance
Case number

HCA1612/1982

The defendant satisfied the court that justice could be done in Hong Kong at substantially less inconvenience and expense and that the plaintiff had no juridical advantage from the Kun Ming proceedings that could not be addressed in Hong Kong; balancing the interests (personal hardship, likely delay in China, and absence of juridical necessity) required restraint of the Chinese proceedings until final disposal of the Hong Kong action, while the Hong Kong action should continue.
26 Oct 1983

SUSAN ELIZABETH HORTON v. GERARD FRANCIS HORTON AND ANOTHER

Citation

SUSAN ELIZABETH HORTON v. GERARD FRANCIS HORTON AND ANOTHER
Court

Court of First Instance
Case number

HCMC19/1983

The High Court has jurisdiction and, having balanced the critical considerations, granted a stay: because the wife filed first in Hong Kong, Hong Kong is the natural forum (parties reside and husband earns in Hong Kong), the Australian ground would extinguish the Hong Kong proceedings and thus cause injustice, and the continuance of dual proceedings would impose disproportionate financial and practical burdens on the wife, the husband is stayed from pursuing dissolution in Australia and the wife is directed not to proceed further in Australia.
9 Dec 1981

SING TAO NEWSPAPERS LTD v. HONG HUA MACHINERY WORKS LTD

Citation

SING TAO NEWSPAPERS LTD v. HONG HUA MACHINERY WORKS LTD
Court

Court of Appeal
Case number

CACV69/1981

The Court of Appeal allowed the appeal, holding that the trial judge erred in applying a balance of convenience test after the Californian court had stayed proceedings; procedural steps taken by Sing Tao in California were protective and did not amount to waiver or election to abandon arbitration; there was no sufficient risk of conflicting decisions to justify denying arbitration; therefore disputes under the Sales Agreement and Printing Agreement must be arbitrated in Hong Kong in accordance with Hong Kong law.
8 May 1981

RE SING TAO NEWSPAPERS LTD

Citation

RE SING TAO NEWSPAPERS LTD
Court

Court of First Instance
Case number

HCMP792/1980

The court will order arbitration to proceed only absent a showing of strong cause on a balance of convenience by the party opposing arbitration; on the facts Hong Hua demonstrated strong cause — Sing Tao had taken substantive steps in California litigation, the bulk of evidence and parties were in California, there was a serious risk of inconsistent findings and multiplicity of proceedings — therefore the declarations seeking arbitration were refused, while the ancillary declaratory point about the identity of the Law Society officer was granted.

Hong Kong Case Law

INDIAN CORRIDOR SDN BHD AND ANOTHER v. CHINA IDEA DEVELOPMENT LTD AND OTHERS

HUI KAO CHU v. WU CHI CHENG

SUSAN ELIZABETH HORTON v. GERARD FRANCIS HORTON AND ANOTHER

SING TAO NEWSPAPERS LTD v. HONG HUA MACHINERY WORKS LTD

RE SING TAO NEWSPAPERS LTD