21 Nov 2022
HALLER AG AND ANOTHER v. VESTEY INTERNATIONAL GROUP LTD AND ANOTHER
- Citation
- [2022] HKCA 1743
- Court
- Court of Appeal
- Case number
- CAMP85/2022
The Court held that the necessary or proper party gateway was not satisfied because there was no real issue between the plaintiffs and the 1st defendant that the plaintiffs could reasonably ask the court to try (the real dispute lay with the 2nd defendant); because the case therefore did not properly fall within Order 11 rule 1(1)(c) the judge's forum non conveniens conclusion was vitiated; and this Court lacked jurisdiction to grant leave to appeal on the stay-to-arbitration point under s20(9) so that ground failed for want of appellate jurisdiction. Accordingly leave to serve out and the se…