Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Waiver of jurisdiction

Legal area

Court

20 Dec 2004

WINNITEX INVESTMENT CO LTD v. OXFORD PRODUCTS (INTERNATIONAL) LTD

Citation

WINNITEX INVESTMENT CO LTD v. OXFORD PRODUCTS (INTERNATIONAL) LTD
Court

District Court
Case number

DCCJ3690/2004

The court refused to strike out because factual disputes central to the claim (identity of contracting party, formation by PO or emails, incorporation of Oxford Terms) were not plain and obvious and required trial; the stay application failed because the defendant had arguable waiver issues and, on construction, Clause 12 was not an exclusive jurisdiction clause and defendant did not discharge the burden to show New York was clearly more appropriate.
17 Jul 2001

KOREA DATA SYSTEMS, CO. LTD. AND ANOTHER v. JAY TIEN CHIANG AND ANOTHER

Citation

KOREA DATA SYSTEMS, CO. LTD. AND ANOTHER v. JAY TIEN CHIANG AND ANOTHER
Court

Court of First Instance
Case number

HCA9265/2000

Defendants failed to adduce evidence or expert material to put in issue whether the California judgment was final and conclusive; Mr Cameron's uncontradicted affidavit, though not perfect in citing authorities on finality, was sufficient in the circumstances to establish that the California judgment is final and conclusive under California law; accordingly the summary judgment for enforcement was properly entered and the appeal must be dismissed.