13 May 2021
QUAESTUS CAPITAL PTE LTD v. EVERTON ASSOCIATES LTD AND ANOTHER
- Citation
- [2021] HKCFI 1367
- Court
- Court of First Instance
- Case number
- HCA1027/2020
The court found that there are serious issues to be tried against Axis and that Order 11 rule 1(1)(f) provides a good arguable gateway; the exclusive London jurisdiction clause in the Brokerage Agreement is wide enough to cover the plaintiff's claims and is not displaced by a general allegation that the entire agreement was fraudulent because of the separability doctrine; notwithstanding that, strong cause exists to permit the Hong Kong proceedings to continue against Axis due to the alleged overarching fraud, the risk of multiplicity and inconsistent judgments and the need for a single tribu…