11 Jun 1999
SUPERSTRONG INDUSTRIES LTD. t/a M & T INTERNATIONAL v. FURNESS LOGISTICS (HK) LTD
- Citation
- SUPERSTRONG INDUSTRIES LTD. t/a M & T INTERNATIONAL v. FURNESS LOGISTICS (HK) LTD
- Court
- Court of First Instance
- Case number
- HCCL56/1999
The court refused to stay the action because the Plaintiff's revised primary claim in tort is factually rooted in Hong Kong with Hong Kong parties and witnesses, the claim is modest in value making Rotterdam disproportionate and inconvenient, there was real doubt about the genuineness of the Defendant's desire for trial in Rotterdam (possible tactical advantage), and the existence of pleaded defences and procedural posture made sending the matter to Rotterdam inappropriate; accordingly the court exercised its discretion to dismiss the stay application.