29 Nov 1999
MULTI-TOP LTD. v. BKE-MEDIA (H.K.)(a firm) AND OTHERS
- Citation
- MULTI-TOP LTD. v. BKE-MEDIA (H.K.)(a firm) AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA6615/1999
The court found there was a serious question to be tried as to termination/renewal but the balance of convenience favoured the defendants: the tenders had been awarded, the BKE Group was not a party and could prevent performance, the remaining contractual term was short and damages were adequate; accordingly interlocutory injunction was refused. The stay was refused because Clause 10 did not clearly operate as an exclusive jurisdiction clause and Hong Kong was the more appropriate forum given the connections to Hong Kong and Spiliada principles.