Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Forum non conveniens (spiliada test)

Legal area

Court

18 Jul 2024

FWM v. NXC

Citation

[2024] HKFC 137
Court

Family Court
Case number

FCMC10248/2023

The court held the Wife established that at least one party had a substantial connection with Hong Kong as at the date of petition (6 Sept 2023) — the Wife's residence and tenancy in Hong Kong at that date, the son's studies in Hong Kong, and the Husband's tangible connections (Hong Kong property, company, bank accounts, and use of Hong Kong addresses) together made the Hong Kong connection substantial; accordingly Hong Kong has jurisdiction and the Husband failed to show Longhua Court was clearly more appropriate, so the summons to dismiss or stay was dismissed.
27 Jun 2008

SHENZHEN FUTAIHONG PRECISION INDUSTRY CO., LTD AND ANOTHER v. BYD CO LTD AND OTHERS

Citation

SHENZHEN FUTAIHONG PRECISION INDUSTRY CO., LTD AND ANOTHER v. BYD CO LTD AND OTHERS
Court

Court of First Instance
Case number

HCA2114/2007

The 1st and 2nd Defendants failed to discharge the burden to show that Shenzhen is clearly or distinctly the more appropriate forum; significant juridical advantages available in Hong Kong—compulsory discovery and interrogatories, higher realistic recovery of damages, remedies such as constructive trust, tracing, exemplary and mandatory injunctions and indemnity costs—would be lost in Shenzhen and collectively create a real risk that the Plaintiffs would not obtain substantial justice there; accordingly the stay application is dismissed.