Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Evidence location

Legal area

Court

16 Jun 2006

MAN ROLAND (CHINA) LTD v. PICC PROPERTY AND CASUALTY CO LTD

Citation

MAN ROLAND (CHINA) LTD v. PICC PROPERTY AND CASUALTY CO LTD
Court

Court of First Instance
Case number

HCA456/2005

The court found on the balance of connecting factors that Hong Kong law governs the policy and that the plaintiff s Hong Kong character, the location of principal witnesses and the predominance of English technical evidence created a stronger real and substantial connection with Hong Kong; the defendant failed to prove that Shenzhen was clearly and distinctly the more appropriate forum, so the application for a permanent stay was dismissed.
3 Mar 1980

I.T.T. TEXTILE MANUFACTURING CO LTD v. YONG LONG STEAMSHIP CO LTD

Citation

I.T.T. TEXTILE MANUFACTURING CO LTD v. YONG LONG STEAMSHIP CO LTD
Court

Court of First Instance
Case number

HCCL10/1979

The stay was granted because the bill of lading contained a clear and enforceable jurisdiction clause designating Taipei, the dispute was more closely connected to Taiwan (evidence and survey located there, parties and goods in Taiwan), and the plaintiff failed to discharge the heavy burden of showing strong cause to refuse a stay; similarity between applicable law and existence of a Hong Kong security did not justify denying the stay.