15 Feb 2023
SCHUTZ, GILLES YVES RENE v. HAI CLOUD EXCHANGE (HK) LTD
- Citation
- [2023] HKCFI 387
- Court
- Court of First Instance
- Case number
- HCMP2258/2020
The summons is dismissed because the Plaintiff failed to show cogent and persuasive reasons to be released from the implied undertaking: he did not adequately use or explain the failure to use the disclosed documents for their primary stated purpose (tracing/recovery of funds), and he failed to establish that the proposed French action provided a sufficiently reliable basis (given unresolved choice of law and expert conflict) to justify departure from the undertaking.