26 Jan 2006
ESQUEL ENTERPRISES LTD AND ANOTHER v. TAL APPAREL LTD AND ANOTHER
- Citation
- ESQUEL ENTERPRISES LTD AND ANOTHER v. TAL APPAREL LTD AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV71/2005
The Court dismissed the appeal and upheld the judge's discretion to stay the Hong Kong proceedings on forum non conveniens grounds: the Japanese defamation claims should be tried in Japan and the US defamation claims in the United States because the torts were committed there, the relevant patents and reputational interests lie there, and foreign patent/infringement issues are weighty factors. The order below was amended from a permanent stay to a stay of the action; no injustice to plaintiffs was shown that would outweigh the appropriateness of foreign fora.