3 May 2022
TRANSASIA PRIVATE CAPITAL LTD v. CHENG YU
- Citation
- [2022] HKCFI 1295
- Court
- Court of First Instance
- Case number
- HCA598/2021
The appeal was dismissed: no stay for lis alibi pendens because the asymmetric jurisdiction clause gave the plaintiff a legitimate right to sue in the PRC as well as Hong Kong and a stay would prejudice enforcement; service of the writ complied with the Guarantee’s process agent clause and RHC O.10 r.3 because the defendant failed to prove the contractual Hong Kong address had ceased to be valid; and the defendant failed to establish a meritorious defence by estoppel by convention due to lack of clear credible evidence.