31 Oct 2001
CONTINENTAL MARK LTD. v. VERKEHRS-CLUB de SCHWEIZ
- Citation
- CONTINENTAL MARK LTD. v. VERKEHRS-CLUB de SCHWEIZ
- Court
- Court of First Instance
- Case number
- HCA7999/2000
The ex parte order was set aside because the plaintiff's key supporting affirmation was inadmissible for failing to state sources of knowledge and contained material and incorrect statements amounting to non-frankness; on the evidence there was no good arguable case that a contract existed or that the export conditions (and Hong Kong jurisdiction clause) were incorporated, Switzerland had the closest connection and was the forum conveniens, and service in Switzerland did not comply with the Hague Convention.