Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Indemnity/abuse of process
  • 24 Apr 1998

    VENDER LTD v. P&O NEDLLOYD BV AND ANOTHER

    Citation
    VENDER LTD v. P&O NEDLLOYD BV AND ANOTHER
    Court
    Court of First Instance
    Case number
    HCCL132/1997

    Clause 25 construed as an exclusive jurisdiction clause; plaintiff failed to demonstrate the requisite 'strong cause' to displace the starting point that proceedings be stayed; Himalaya clause did not operate to import the exclusive jurisdiction clause to the agent, but proceedings against the 2nd defendant were nevertheless stayed because the contract contained undertakings/indemnities making separate litigation circuitous and an abuse of process; accordingly stays granted as to both defendants and costs ordered nisi to defendants.