Hong Kong Case Law: Decisions & Judgments

Topic

Choice of forum clause

Legal area

Court

3 Nov 2021

CHINA BAOLI TECHNOLOGIES HOLDINGS LTD (formerly known as REX GLOBAL ENTERTAINMENT HOLDINGS LTD) v. ORIENT EQUAL INTERNATIONAL GROUP LTD AND OTHERS

Citation

[2021] HKCA 1609
Court

Court of Appeal
Case number

CACV34/2018

The appeal was rendered academic by the defendants' decision to withdraw the third party proceedings; therefore the defendants, as the withdrawing/conceding party, must bear SVK's costs of the appeal and specified interlocutory proceedings, to be taxed on a party-and-party basis if not agreed; indemnity costs were not awarded.
30 Jan 2003

HO SIU PUI AND OTHERS v. YUE SHENG FINANCE LTD. AND ANOTHER

Citation

HO SIU PUI AND OTHERS v. YUE SHENG FINANCE LTD. AND ANOTHER
Court

Court of Appeal
Case number

CACV361/2002

The Court of Appeal refused to interfere with the judge's exercise of discretion: clause 16 and clause 7 did not operate as exclusive jurisdiction/choice of law provisions binding the plaintiffs or guarantors; Yue Sheng failed to show the Zhongshan court was clearly or distinctly more appropriate; plaintiffs had legitimate reasons to seek negative declarations and indemnity in Hong Kong; accordingly the stay was properly refused and the appeal dismissed.
10 Apr 1992

THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL ``K. H. ENTERPRISE\'\' v. THE OWNERS OF THE SHIP OR VESSEL ``PIONEER CONTAINER\'\'

Citation

THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL ``K. H. ENTERPRISE\'\' v. THE OWNERS OF THE SHIP OR VESSEL ``PIONEER CONTAINER\'\'
Court

Court of Appeal
Case number

CACV79/1991

The Court allowed the appeal and stayed proceedings: the exclusive jurisdiction clause bound all cargo interests including non-contractual sub-bailees by operation of bailment/sub-bailment on terms (and by necessity where the cause of action relies on the bailment contract); plaintiffs deliberately allowed the Taiwan limitation to expire and failed to show strong cause to refuse a stay under the forum non conveniens principles from El Amria/Spiliada, so the action must be stayed in favour of the Taiwan forum.
10 Mar 1987

SPORT-BILLY PRODUCTIONS E. DEYHLE AND ANOTHER v. DHL INTERNATIONAL LIMITED

Citation

SPORT-BILLY PRODUCTIONS E. DEYHLE AND ANOTHER v. DHL INTERNATIONAL LIMITED
Court

Court of First Instance
Case number

HCA2102/1986

Clause 19 selecting Swiss law and the exclusive jurisdiction of Swiss courts is valid under Swiss law even though it did not name a specific cantonal court because the parties manifested a clear choice of Swiss jurisdiction, the Federal Supreme Court could hear the matter as sole instance given the 2nd plaintiff's domicile and amount in dispute, and the plaintiffs failed to show the strong grounds required by Spiliada to rebut the forum selection; accordingly a stay is warranted.

Hong Kong Case Law

CHINA BAOLI TECHNOLOGIES HOLDINGS LTD (formerly known as REX GLOBAL ENTERTAINMENT HOLDINGS LTD) v. ORIENT EQUAL INTERNATIONAL GROUP LTD AND OTHERS

HO SIU PUI AND OTHERS v. YUE SHENG FINANCE LTD. AND ANOTHER

THE OWNERS OF CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL ``K. H. ENTERPRISE\'\' v. THE OWNERS OF THE SHIP OR VESSEL ``PIONEER CONTAINER\'\'

SPORT-BILLY PRODUCTIONS E. DEYHLE AND ANOTHER v. DHL INTERNATIONAL LIMITED