16 Mar 2021
The Agricultural Productive Cooperative >>>, a Russian corporate v. DRAGON SEAFOODS LTD (in Creditors Voluntary Liquidation)
- Citation
- [2021] HKCFI 675
- Court
- Court of First Instance
- Case number
- HCA1240/2017
The defendant's defences were not arguable: the Russian arbitration clause having been declared void and Russian courts lacking jurisdiction, the Agreement is governed by Hong Kong law so the six-year limitation applies and the claim is timely; the alleged US$2.4m part payment was unsupported by any contemporaneous transfer documents and is unbelievable; unpaid charter fees owed to third parties cannot be set off due to lack of privity. Summary judgment for the plaintiff was therefore warranted and costs were awarded to the plaintiff.