24 Oct 2012
HYUNDAI ENGINEERING & CONSTRUCTION CO., LTD v. UBAF (HONG KONG) LTD
- Citation
- HYUNDAI ENGINEERING & CONSTRUCTION CO., LTD v. UBAF (HONG KONG) LTD
- Court
- Court of First Instance
- Case number
- HCA175/2012
The court granted summary judgment because the plaintiff's demand complied with the APG and the defendant failed to discharge the burden of particularising and adducing cogent evidence of fraud sufficient to raise a triable issue; consequently the fraud exception did not apply. The court also refused a stay because the APG contained governing law and exclusive jurisdiction under the Uniform Rules, the Hong Kong proceedings were narrow and readily resolvable, and a stay would cause injustice and uncertainty given the unrelated wider Mainland proceedings.