Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Jurisdictional gateway o.11 r.1(1)(d)

  • 28 May 2020

    M & B LTD v. GEMOLOGICAL INSTITUTE OF AMERICA INC. AND OTHERS

    Citation
    [2020] HKCFI 991
    Court
    Court of First Instance
    Case number
    HCMP874/2019

    The appeal is dismissed because there is no good arguable case that the plaintiff's claim falls within O.11 r.1(1)(d): the defendants are not parties to the Contract nor shown to have succeeded to contractual rights or liabilities or to be counterparties for the purpose of that gateway, so the long‑arm jurisdiction under (d) is not established.

    • Service out of jurisdiction (order 11 r.1)
    • Jurisdictional gateway o.11 r.1(1)(d)
    • Declarations of title to goods
    • Sale of goods ordinance s24

  • 14 May 2018

    HAITONG INTERNATIONAL SECURITIES CO LTD v. ADS SECURITIES LLC

    Citation
    [2018] HKCFI 1044
    Court
    Court of First Instance
    Case number
    HCA473/2017

    The court held that Haitong established a good arguable case that the agreement was concluded in Hong Kong and that Hong Kong law governed by implication (meeting O.11 r.1(1)(d)(i) and (iii)); there was no material non-disclosure in the ex parte application; ADS failed to show service in Abu Dhabi by courier contravened UAE law; accordingly the court exercised its discretion to permit service out and dismissed ADS's summons to set aside or challenge service, awarding costs to Haitong.

    • Service out of process (o.11)
    • Jurisdictional gateway o.11 r.1(1)(d)
    • Forum non conveniens
    • Governing law by implication
    • Material non-disclosure in ex parte applications
    • Validity of foreign service