19 Nov 2024
FRIENDSHIP SHIPPING AND TRADING S.A. v. I.V.L. DHUNSERI POLYESTER COMPANY S. A. E.
- Citation
- [2024] HKCFI 3180
- Court
- Court of First Instance
- Case number
- HCCT66/2024
The originating summons was dismissed because the plaintiff failed to support it with admissible sworn and filed evidence; the Court would not admit unfiled or unsworn affidavits de bene esse in these circumstances. Alternatively, even assuming arguendo a prima facie Hong Kong arbitration clause existed, an anti-suit injunction was refused on equitable grounds because of undue delay, the advanced stage of proceedings in Egypt, wasted resources and the plaintiff’s lack of clean hands in its dealings with this Court.