Hong Kong Case Law

14 Mar 2019

FOSHAN NANHAI BRANCH OF INDUSTRIAL AND COMMERCIAL BANK OF CHINA LTD v. FOSHAN RUIFENG PETROLEUM AND CHEMICAL FUEL CO LTD AND OTHERS

Citation

[2019] HKCFI 708

Court

Court of First Instance

Case number

HCMP2378/2014

PRC law governs the capacity of the Branch and the Branch had capacity to sue; therefore registration should not be set aside on public policy grounds for want of locus. However Orders 2, 3, 4 and 5 of the Mainland Judgment do not constitute orders for payment of a certain, fixed or readily quantifiable sum of money as against the respondents and so those parts of the registration are not registrable and are set aside; Order 6 (costs) and the principal sum as against the 1st respondent remain effective to the extent registered.

• Registration of mainland judgment
• Capacity/standing of branch offices
• Final and conclusive requirement under s5(2)(c)
• Sum of money requirement under s5(2)(e)
• Public policy ground to set aside under s18
• Admissibility of expert evidence (order 38 r 37c rhc)