Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Exclusive economic zone (eez)

Legal area

Court

16 Jul 2020

CHANGHONG GROUP (HK) LIMITED v. BRIGHT SHIPPING LIMITED

Citation

[2020] HKCFA 24
Court

Court of Final Appeal
Case number

FAMV34/2020

The application for leave was dismissed because the applicant failed to establish at Spiliada Stage 1 that the Shanghai Maritime Court is clearly and distinctly more appropriate than Hong Kong; lis alibi pendens and the existence of limitation proceedings are relevant factors but do not alone displace the forum; EEZ location is not dispositive; no arguable question of law of sufficient public importance was established to justify leave and the action in Hong Kong had advanced to trial readiness.
20 Sept 2019

BRIGHT SHIPPING LTD v. CHANGHONG GROUP (HK) LTD

Citation

[2019] HKCA 1062
Court

Court of Appeal
Case number

CACV102/2019

The Court dismissed the appeal: the judge did not err in principle or law in concluding Hong Kong remains an appropriate forum and Changhong failed to show the SMC is clearly and distinctly more appropriate; the collision being in the PRC EEZ and the constitution of limitation funds in Shanghai did not, on the facts and given the stage of related SMC proceedings, outweigh factors favoring Hong Kong; lis alibi pendens and related proceedings were not sufficiently developed or prejudicial to justify a stay.