Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Limitation proceedings

Legal area

Court

20 Sept 2019

HANWHA TOTAL PETROCHEMICAL CO., LTD. AND ANOTHER v. CHANGHONG GROUP (HK) LTD

Citation

[2019] HKCA 1061
Court

Court of Appeal
Case number

CAMP197/2019

Leave to appeal was refused because the grounds advanced were the same errors already considered and rejected in CACV 102/2019; there is no pending relevant action in the Shanghai Maritime Court between these parties that would satisfy lis alibi pendens; the misdeclaration and limitation/registration proceedings are irrelevant or protective and not decisive to render the SMC the appropriate forum; accordingly the application had no reasonable prospect of success.
22 Oct 1998

TRAFALGAR HOUSE CONSTRUCTION (ASIA) LTD. AND ANOTHER v. THE OWNERS AND/OR DEMISE CHARTERERS OF M.V. "THORSCAN"(NETHERLANDS ANTILLES FLAG)

Citation

TRAFALGAR HOUSE CONSTRUCTION (ASIA) LTD. AND ANOTHER v. THE OWNERS AND/OR DEMISE CHARTERERS OF M.V. "THORSCAN"(NETHERLANDS ANTILLES FLAG)
Court

Court of Appeal
Case number

CACV148/1998

The appeal was dismissed: the judge was entitled to find that the defendant had waived its exclusive right to litigate in the Netherlands Antilles by commencing proceedings in Amsterdam and by conduct inconsistent with exclusivity; alternatively, the judge correctly exercised the El Amria discretion by refusing a stay after weighing factors including the location of witnesses/documents and the genuineness of the defendant’s desire to litigate in the Antilles.