30 Sept 2021
CHINA METAL RECYCLING (HOLDINGS) LTD (IN LIQUIDATION) AND ANOTHER v. UBS AG AND ANOTHER
- Citation
- [2021] HKCA 1450
- Court
- Court of Appeal
- Case number
- CAMP223/2021
Leave to appeal was refused. The Court held the correct threshold under Order 11 r1(1)(c) is whether there is a serious issue to be tried as to whether the out-of-jurisdiction defendant is a necessary or proper party, not a requirement to demonstrate a good arguable case on the merits; the Criterion principle did not plainly preclude the plaintiffs' knowing receipt claim on these facts such that service out should be set aside; attribution of UBS AG's knowledge to UBS Ltd raised triable issues and could not be resolved interlocutorily; whether the Limitation Ordinance s26 applies to the claim…